Transgender to be a ground of discrimination

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Transgender to be a ground of discrimination

The NSW Government has passed an amendment to the Anti Discrimination Act 1991, which will make ‘transgender’ a ground of discrimination.

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The NSW Government has passed an amendment to the Anti Discrimination Act 1991, which will make ‘transgender’ a ground of discrimination.

The amendment is awaiting proclamation and sources in the Attorney-General’s Department have said that this is likely to occur sometime in August or September.

The delay results from consequential amendments that must be made to other legislation in relation to birth certificates, wills and probate, as well as amendments to the Crimes Act 1900.

In the field of employment, the amendment will have the effect of covering a transgender person in the same manner as all other employees in relation to discrimination, harassment and vilification. The test for discrimination is for both direct and indirect discrimination.

A ‘transgender’ is defined as a person who identifies as a member of the opposite sex by living, or seeking to live, as a member of the opposite sex or who has identified, and lived, as a member of the opposite sex.

Exceptions to the new legislation will apply to employment within a private household, where the number of persons employed does not exceed five, or where the person is employed by a private educational authority.

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