The SDAA also contains a rather significant removal of the traditional exemption covering certain religious institutions running aged-care accommodation.
The exemption under Section 23(3)(c) of the Act, which allowed religious accommodation operators to refuse accommodation and related benefits to persons on the basis of several sex and sexuality protected attributes, is removed for religious bodies providing Commonwealth-funded aged care. The exemption is removed regardless of the level of Commonwealth-funding.
As noted in submissions Castan Centre for Human Rights Law at Monash University and the supplementary explanatory memorandum, the policy decision is aimed at aligning these institutions with the same community standards as already imposed on other Commonwealth funded accommodation providers.
Importantly, the removal of the exemption does not extend to matters of employment by the religious aged-care institution. This is contained in SDAA Section 49B which preserves the exemption in relation to acts or practices connected with the employment of persons to provide aged care. As such, Commonwealth-funded religious aged care providers will still be able to discriminate in making employment decisions based on religious views.
As the supplementary memorandum explains, this limitation is important in recognising and ensuring that "organisations should be able to engage staff who share their values and organisational ethos."
SIGNIFICANCE
While in office, the Rudd and Gillard Governments endeavoured to address the substantial discrimination that faces Australia's Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) communities.
In 2008, following the Australian Human Rights Commission's 2007 Same Sex: Same Entitlements Report, the Rudd Government amended 84 pieces of legislation to remove any exclusions to entitlements, such as Medicare and superannuation, that existed for same-sex couples under Federal legislation.
The Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013 (Cth) represents a fulfillment of the Gillard Government's 2010 election commitment to 'extending discrimination protection' for Australia's LGBTI communities.
Beyond its legislative context however, the significance of the reforms are more likely to be realised by the resulting practical changes available for LGBTI people. In conjunction with the provisions of the Australian Human Rights Commission Act 1986 LGBTI people will now have access to the Australian Human Rights Commission as well as the courts when they consider themselves to be discriminated against.
The ability for LGBTI people to have their gender, or intersex status reflected in government records will be a further significant change of the Act. At the street level, this will mean significant change for LGBTI people accessing services such as Medicare and Centrelink.
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