How to address the issue One way to address the issue is for transgender and gender diverse people to simply rely instead on the protected attributes of ‘gender identity’ and ‘sex characteristics’ in lieu of the attribute of ‘sex’. [...] This is consistent with language used elsewhere in the EOA and reflects similar changes which have been made to laws in the ACT;19 and • inserting provisions similar to ss 82A(3), 82B(2) and 83(3) into the exceptions in ss 26, 39, 61 and 72, which allow discrimination based on sex, to clarify that these exceptions only apply to the attributes listed in the exception and not to other protected attr. [...] Subject to our comments above on ensuring the test applies clearly to common yet diverse experiences of hate conduct, we would support the formulation of the test proposed by the Consultation Paper subject to: • clearly defining a ‘reasonable person’ in the legislation as being a person from the perspective of the target group. [...] Hate crime bias indicators tell us that is it necessary to consider a range of circumstances related to the victim, offender and the context to identify whether prejudice was a reason for the conduct.35 For this reason, we suggest using a ‘based on’ test which is extended by: • a definition of ‘based on’ that clarifies that the protected attribute need only be one of the reasons for the conduct an. [...] and Responsibilities Accordingly, one option is to remove the reference to ‘religious purposes’ Act 2006 (Vic)? altogether, leaving the ‘any purpose in the public interest’ exception to capture or all forms of expression consistent with section 15 of the Charter and the freedom of thought, conscience, religion and belief in section 14 of the Charter.
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- Australia
