Larissa Waters (Queensland, Australian Greens) Share this | Hansard source

[by video link] by leave—On behalf of Senator Rice, I move amendments (1) to (5) on sheet 1373 together:

(1) Schedule 1, item 6, page 3 (before line 25), before the definition of miscarriage, insert:

gender identity has the same meaning as in the Sex Discrimination Act 1984.

(2) Schedule 1, item 6, page 3 (after line 26), after the definition of miscarriage, insert:

sex characteristics means a person's physical features relating to sex, and includes:

(a) the person's genitalia and other sexual and reproductive parts of the person's anatomy; and

(b) the person's chromosomes; and

(c) the person's hormones and secondary physical features emerging as a result of puberty.

(3) Schedule 1, page 4 (after line 21), after item 9, insert:

9A Subsection 153(1)

After "sex,", insert "gender identity, sex characteristics,".

9B Subsection 195(1)

After "sex,", insert "gender identity, sex characteristics,".

9C Subsection 351(1)

After "sex,", insert "gender identity, sex characteristics,".

(4) Schedule 1, page 4 (after line 31), after item 12, insert:

12A Paragraph 578(c)

After "sex,", insert "gender identity, sex characteristics,".

(5) Schedule 1, page 5 (after line 4), after item 14, insert:

14A Paragraph 772(1)(f)

After "sex,", insert "gender identity, sex characteristics,".

I'll give a very brief explanation of these amendments. The Greens support the elimination of discrimination in all forms and we recommend that the opportunity be taken to clarify the scope of protections for gender-diverse people in the workplace. This amendment would ensure that discrimination against gender-diverse workers and workers with intersex variations of sex characteristics is clearly prohibited. This is consistent with protections that already exist under the Sex Discrimination Act but it uses a preferred term. It uses the term 'sex characteristics' rather than 'intersex status'. With that said, we think this is a very meritorious amendment and we urge the chamber to take the opportunity to extend protections to gender-diverse people in the workplace.