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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2016-02-10 Daily Xml
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Ministerial Statement

LGBTIQ Law Reform

The Hon. J.W. WEATHERILL (Cheltenham—Premier) (14:42): I seek leave to make a ministerial statement.

Leave granted.

The Hon. J.W. WEATHERILL: At the opening of parliament last year the government announced that it would invite the South Australian Law Reform Institute at the University of Adelaide to review legislative discrimination against individuals and families on the grounds of sexual orientation, gender, gender identity, or intersex status. The recent story of Marco Bulmer-Rizzi's mistreatment by our state highlights the importance of these reforms and demonstrates that we have a long way to go to ensure discrimination is a thing of the past.

I was deeply saddened to hear of the death of Mr David Bulmer-Rizzi who tragically died in Adelaide while honeymooning with his husband, Mr Marco Bulmer-Rizzi from the United Kingdom. Unfortunately for Marco, David and their families, as a result of Australia's out-of-date laws, these relationships are not appropriately recognised, causing embarrassing and disrespectful treatment at the most tragic time in their lives. Marco was left feeling as though he was a second-class citizen.

Upon hearing of their tragedy, I called Marco to express my condolences and to apologise for what he had experienced. We were also able to stop the certificate with the description of 'never married' from being issued. What happened to Marco is a clear example of why we need marriage equality in Australia, because discrimination in our laws flows through not just to legal things like certificates but also how people treat other people.

The embarrassment highlighted by this tragedy has strengthened my resolve to ensure that all South Australians enjoy the same rights. To that end, I have asked the South Australian Law Reform Institute to expedite their review. The first tranche of the review's recommendations have already been encapsulated in an omnibus bill that was tabled in parliament last year.

I have now been advised that the Law Reform Institute will deliver five further reports recommending changes to address the discrimination canvassed in their initial audit paper. These include laws regulating sexual reassignment and registration of sex and gender; surrogacy; relationship register; the current operation of provocation law; and the effect of exceptions under the Equal Opportunity Act 1984.

Today the Law Reform Institute has released the first of these five reports relating to sex and gender reassignment. I would like to take the opportunity to thank the Law Reform Institute for their work, and indicate that the government will consider the recommendations of the report and release draft legislation for consultation later this year. We anticipate receiving the rest of the reports in the first half of the year, at which point the government will consider the reforms and introduce further bills to parliament as soon as possible thereafter.

Following the death of Mr David Bulmer-Rizzi, I have also asked what more the government can do to improve awareness and understanding in the public sector of LGBTIQ issues. My department and the Department for Communities and Social Inclusion are currently developing a whole of government online awareness training program that will be made available across the public sector. I have also asked for agencies to review forms and other paperwork to ensure they reflect best practice around when and how people are required to nominate their gender. The Department of the Premier and Cabinet and the Department of Environment Water and Natural Resources will be the first South Australian government agencies to begin this process.

My government is working hard to achieve equality for all South Australians. The federal Marriage Act aside, it is my hope that, through these important reforms we are pursuing, we can avoid the type of hurt and disrespect experienced by Mr David Bulmer-Rizzi from ever occurring again.

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