Appendix 2: Definitions in state and territory laws - Addressing sexual orientation and sex and/or gender identity discrimination: Consultation Report (2011)
Addressing sexual orientation and sex and/or gender identity discrimination
Consultation Report
2011
Appendix 2: Definitions in state and territory laws
Table 1: Sexuality Grounds in State and Territory Anti-Discrimination Legislation
| Act | Ground | Definition of Ground |
|---|---|---|
| Anti-Discrimination Act 1977 (NSW) | ‘homosexuality’ | ‘homosexual means male or female homosexual’ |
| Equal Opportunity Act 1995 (Vic) | ‘sexual orientation’ | ‘sexual orientation means homosexuality (including lesbianism), bisexuality or heterosexuality’ |
| Anti-Discrimination Act 1991 (Qld) | ‘sexuality’ | ‘sexuality means heterosexuality, homosexuality or bisexuality’ |
| Equal Opportunity Act 1984 (SA) | ‘sexuality’ | ‘sexuality means heterosexuality, homosexuality or bisexuality’ |
| Equal Opportunity Act 1984 (WA) | ‘sexual orientation’ | ‘sexual orientation, in relation to a person, means heterosexuality, homosexuality, lesbianism or bisexuality and includes heterosexuality, homosexuality, lesbianism or bisexuality imputed to the person’ |
| Discrimination Act 1991 (ACT) | ‘sexuality’ | ‘sexuality means heterosexuality, homosexuality (including lesbianism) or bisexuality’ |
| Anti-Discrimination Act 1992 (NT) | ‘sexuality’ | ‘sexuality means the sexual characteristics or imputed sexual characteristics of heterosexuality, homosexuality, bisexuality or transsexuality’ |
| Anti-Discrimination Act 1998 (Tas) | ‘sexual orientation’ | ‘sexual orientation means –
‘transsexuality means the condition of being a transsexual’ ‘transsexual means a person of one sex who– (a) assumes the bodily characteristics of the other sex by medical or other means; or (b) identifies himself or herself as a member of the other sex; or (c) lives or seeks to live as a member of the other sex’ |
Table 2: Gender Identity Grounds in State and Territory Anti-Discrimination Legislation
| Act | Ground | Definition of Ground |
|---|---|---|
| Anti-Discrimination Act 1977 (NSW) | ‘transgender’ ‘recognised transgender person’ |
‘A reference in this Part to a person being transgender or a transgender person is a reference to a person, whether or not the person is a recognised transgender person: (a) who identifies as a member of the opposite sex by living, or seeking to live, as a member of the opposite sex, or (b) who has identified as a member of the opposite sex by living as a member of the opposite sex, or (c) who, being of indeterminate sex, identifies as a member of a particular sex by living as a member of that sex, and includes a reference to the person being thought of as a transgender person, whether the person is, or was, in fact a transgender person’ ‘recognised transgender person means a person the record of whose sex is altered under Part 5A of the Births, Deaths and Marriages Registration Act 1995 or under the corresponding provisions of a law of another Australian jurisdiction’ |
| Equal Opportunity Act 1995 (Vic) | ‘gender identity’ |
‘gender identity means— (a) the identification on a bona fide basis by a person of one sex as a member of the other sex (whether or not the person is recognised as such) — (i) by assuming characteristics of the other sex, whether by means of medical intervention, style of dressing or otherwise; or (ii) by living, or seeking to live, as a member of the other sex; or (b) the identification on a bona fide basis by a person of indeterminate sex as a member of a particular sex (whether or not the person is recognised as such)— (i) by assuming characteristics of that sex, whether by means of medical intervention, style of dressing or otherwise; or (ii) by living, or seeking to live, as a member of that sex’ |
| Anti-Discrimination Act 1991 (Qld) | ‘gender identity’ |
‘gender identity, in relation to a person, means that the person — (a) identifies, or has identified, as a member of the opposite sex by living or seeking to live as a member of that sex; or (b) is of indeterminate sex and seeks to live as a member of a particular sex’ |
| Equal Opportunity Act 1984 (SA) | ‘chosen gender’ | ‘For the purposes of this Act, a person is a person of a chosen gender if —
|
| Equal Opportunity Act 1984 (WA) | ‘gender history’ ‘gender reassigned person’ |
‘a person has a gender history if the person identifies as a member of the opposite sex by living, or seeking to live, as a member of the opposite sex’ ‘opposite sex means a sex of which the person was not a member at birth’ ‘gender reassigned person means a person who has been issued with a recognition certificate under the Gender Reassignment Act 2000 or a certificate which is an equivalent certificate for the purposes of that Act’
|
| Discrimination Act 1991 (ACT) | ‘gender identity’ |
‘gender identity means— (a) the identification on a genuine basis by a person of one sex as a member of the other sex (whether or not the person is recognised as such) — (i) by assuming characteristics of the other sex, whether by way of medical intervention, style of dressing or otherwise; or (ii) by living, or seeking to live, as a member of the other sex; or (b) the identification on a genuine basis by a person of indeterminate sex as a member of a particular sex (whether or not the person is recognised as such)— (i) by assuming characteristics of that sex, whether by way of medical intervention, style of dressing or otherwise; or (ii) by living, or seeking to live, as a member of that sex’ |
| Anti-Discrimination Act 1992 (NT) | See ‘sexuality’ |
‘sexuality means the sexual characteristics or imputed sexual characteristics of heterosexuality, homosexuality, bisexuality or transsexuality’
|
| Anti-Discrimination Act 1998 (Tas) | See ‘sexual orientation’ |
‘sexual orientation means – (a) heterosexuality; or (b) homosexuality; or (c) bisexuality; or (d) transsexuality’. ‘transsexuality means the condition of being a transsexual’ ‘transsexual means a person of one sex who– (a) assumes the bodily characteristics of the other sex by medical or other means; or (b) identifies himself or herself as a member of the other sex; or (c) lives or seeks to live as a member of the other sex’ |
