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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2015-12-01 Daily Xml
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Sexual Orientation Discrimination

The Hon. J.W. WEATHERILL (Cheltenham—Premier) (14:18): I seek leave to make a third ministerial statement.

Leave granted.

The Hon. J.W. WEATHERILL: At the opening of parliament in February this year, the Governor announced that the government would invite the South Australian Law Reform Institute to review legislative discrimination against individuals and families on the grounds of sexual orientation, gender, gender identity, or intersex status. South Australia has a celebrated history as a place dedicated to achieving equality and fairness for all of its citizens. Not only were we the first place in the world to end discrimination against women standing for parliament in 1894, in 1975 South Australia became the first state in Australia to decriminalise homosexuality. The South Australian parliament can be proud of these achievements.

Unfortunately, despite South Australia's proud history, the South Australian statute book still contains remnants of formal discrimination. This means that some members of our community continue to experience discrimination because of who they are. The first report of the South Australian Law Reform Institute identified more than 140 pieces of legislation and regulation that discriminated against South Australians, and it provided a range of recommendations for the government's consideration. While some of these recommendations will be considered following additional research and reporting by the institute, expected in the first half of 2016, many can be implemented immediately.

Today I table a bill that proposes to implement the majority of those recommendations identified as being suitable for early action. Many of these proposed amendments are aimed at removing binary notions of sex (male or female) and gender (man or woman) or provisions that fail to set out how the law applies to a person who is intersex or transgender. The amendments also seek to remove interpretative language in legislation that has the potential of discriminating against people based on their relationship status.

Although many of those changes will have little impact on many South Australians, for people who may potentially experience discrimination as a result of these laws, the impact may be significant. These changes are an important first step in ensuring that none of our laws inadvertently discriminate against South Australians based on their sexual orientation, gender, gender identity or intersex status. It is my hope that these reforms will directly contribute to an increased sense of inclusion, as well as renewed respect within the South Australian community, for the diversity of our citizens.

The year 2015 marks the 40th anniversary of the momentous reforms to decriminalise homosexuality, and this bill highlights the government's ongoing commitment to ensuring that South Australia continues to be a place founded on tolerance and inclusion.

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