Sex Discrimination Commissioner calls on Fed Gov to reverse LGBTIQA+ Census backflip

Australia’s Sex Discrimination Commissioner Dr Anna Cody has called on the Federal Government to reconsider a decision to renege on a commitment to have LGBTIQA+-related questions and topics in the 2026 Census.

Over the last few days, both the Federal Government and the Australian Bureau of Statistics confirmed the 2026 Census would not include topics or questions about LGBTIQA+ identities, despite a previous commitment from the Australian Labor Party to support the inclusion of such questions and topics, as well as a recommendation from the ABS to the Federal Government for such topics and questions to be considered for inclusion. 

Last year, the Australian Human Rights Commission successfully conciliated a discrimination complaint under the Sex Discrimination Act brought against the ABS over the 2021 Census for failing to ask meaningful LGBTIQA+ questions or to properly count members of the LGBTIQA+ community. Following the conciliation process, the ABS committed to reforming its approach to the inclusion of LGBTIQA+ questions and topics in the 2026 Census. 

In a letter to Assistant Minister for Employment Dr Andrew Leigh, Commissioner Cody has expressed concern and disappointment at the Federal Government’s decision. 

Commissioner Cody: “This decision carries serious implications for the health, wellbeing and general equality of LGBTIQA+ Australians and their families. 

“We recently marked 12 months since the ABS formally acknowledged that the omission of questions capturing sexual orientation, gender identity, innate variations of sex characteristics and rainbow families in the 2021 census caused considerable harm and distress.   

“The aim of the census is to capture a snapshot of Australia, and the data it generates is vital for ensuring services and policy reflect the needs of our country’s diverse populations. 

“For LGBTIQA+ people, who face significant health disparities compared to the heterosexual and cisgender population, accurate population data would ensure that informed decisions can be made when investing in health and mental health services. It is a matter of practical, effective policy. 

“I am concerned that this decision will strengthen the voices of discrimination and division that seek to disrupt the nation’s social cohesion. In the face of rising negative rhetoric, there may be concern about the harmful impacts that another public debate may have on LGBTIQA+ people and their families. However, while we must seek to minimise harm, the answer cannot be to do nothing. LGBTIQA+ Australians and their rights must be protected and supported, as must the rights of all Australians. 

“The Australian Human Rights Commission and I had welcomed the Australian Labor Party’s commitment to ensuring LGBTIQ+ Australians would be counted in the 2026 Census. I hope you will reconsider this decision.”

ENDS | Media contact: media@humanrights.gov.au or +61 457 281 897