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Assembly Motion, passed 28^th August 2002
[Download a copy to print MS Word]

That this Assembly notes that the Government has undertaken a full review of all ACT legislation to identify provisions discriminatory to lesbian, gay, bisexual, transgender and intersex people and is compiling a report on the necessary steps to achieve equal status for lesbian, gay, bisexual, transgender and intersex people in the ACT and the Government will provide a copy of the report to the Assembly by 1 May 2003. The report will include but is not limited to:

(1)      a full audit of ACT legislation detailing all instances of laws that discriminate against lesbians, gays, bisexuals, transgender and intersex people, including reference to:

(a)    legislation that discriminates in language or effect, including directly, indirectly or by omission;

(b)    legislation that discriminates either in the definition, or the lack of definition, of relationships including spouse, de facto spouse, family, relative, kin, parent or guardian; and

(c)    the reproductive and parenting rights of the abovementioned people, including adoption, artificial conception, substitute parenting and eligibility to be recognised on a child’s birth certificate;

(2)      an investigation of possible means to introduce registered relationships, or Civil Unions, under Territory Law;

(3)      an investigation of the introduction of anti-vilification legislation to protect the above-mentioned groups, as well as persons infected with HIV/AIDS;

(4)      an investigation of the issue of explicitly excluding the defence of provocation being available as a result of a non-violent homosexual advance;

(5)      an investigation of the needs of transgender people in the ACT, including whether current legislative frameworks are adequately addressing their needs;

(6)      an investigation of the issue of normalising surgery for intersex adults and children; including possible legislative protection to prevent unnecessary intervention;

(7)      changes in Government policy, programs or priorities that would improve outcomes for lesbian, gay, bisexual, transgender or intersex people in the ACT; and

(8)      The Assembly also notes that a necessary step to the achievement of equal status will be community participation in the process of identifying and removing discriminatory legislation and practices.

Read the Legislative Assembly Debate -28 August 2002

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