WA updates anti-discrimination laws for women, LGBTIQA+ communities

WA Attorney-General John Quigley has announced reforms to the state’s anti-discrimination legislation to improve legal protection for women and LGBTIQA+ communities.

The majority of recommendations presented by the WA Law Reform Commission following a review of the state’s Equal Opportunity Act 1984 has been incorporated into the amended laws. The announcement was celebrated by Australian Lawyers for Human Rights (ALHR),

“West Australian anti-discrimination laws have lagged behind other states and territories in the scope and circumstances in which they offer protection. These long-awaited reforms will update the protections afforded to women and LGBTIQA+ people and help to ensure the state’s anti-discrimination laws reflect community expectations, are effective and are afforded to diverse and vulnerable populations,” said Nicholas Stewart, ALHR vice president and co-chair of LGBTIQA+ rights.

He highlighted a crucial change that would better support sexual harassment victims – the elimination of the “significant disadvantage” test, which he said has been a roadblock for complainants.

“Other reforms will give greater protections to LGBTIQA+ communities, such as amendments to limit the carve-out exemptions for religious schools’ ability to discriminate against trans, non-binary and gender diverse staff and students. Discrimination on the grounds of a person’s sexuality, gender identity and sex characteristics, must be unlawful,” Stewart explained.

He also pointed to the WA Law Reform Commission’s suggestion that a separate protected attribute of “variations of sex characteristics” be established.

“This very important amendment would recognise a poorly understood, all too often marginalised population by properly distinguishing issues of sex and gender. It is hoped this will contribute to a better understanding of the particular needs and experiences of the intersex community,” Stewart said.

In addition to improving legal protections for LGBTIQA+ communities and women, he noted that the amendments “represent welcome progress in ensuring that anti-discrimination laws meet Australia’s international human rights obligations.” Nonetheless, Stewart continues to call for the implementation of a WA Human Rights Act.

“Unlike Queensland, Victoria and the Australian Capital Territory, Western Australia is yet to introduce a Human Rights Act to create a framework that ensures everyone’s human rights are at the centre of government decision-making,” he said. “ALHR therefore calls on Attorney-General Quigley to further strengthen and consolidate human rights protections in Western Australia by accompanying reforms to the Equal Opportunity Act with the introduction of a WA Human Rights Act.”