Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694491921129.pdf (Australia)
Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018 Submission to the Senate Legal and Constitutional Affairs Legislation Committee.

Dr Janet Berry 18 January 2019 Recommendations 1 That the committee supports amendments to the Sex Discrimination Act 1984 to remove the existing exceptions that allow religious schools to directly discriminate against students on the basis of their sexual orientation, gender identity or intersex status.
2 That the committee supports amendments to the Sex Discrimination Act 1984 that remove the existing exceptions that allow religious schools to discriminate against teachers on the basis of their sexual orientation, gender identity or intersex status.
3 That the Australian Government, Department of Education and Training develops and delivers a program to encourage an ethos of respect for diversity and the elimination of all discrimination on the basis of sexual orientation, gender identity or intersex variation in all educational settings in Australia.

1 Introduction Thank you for the opportunity to provide a submission to the Senate Legal and Constitutional Affairs Legislation Committee.
I am a private individual who advocates for the rights of LGBTIQ+ people, especially young people.

Until recently I ran the Queensland Action Group for LGBTIQ+ Students.

This submission highlights the critical need to eliminate discrimination from all educational settings.

It recommends ways of addressing this by amending legislation and by delivering a program of education to schools and teachers that guarantees safe and inclusive educational environments across Australia.
2 Human rights declarations Australia was one of eight nations involved in drafting the Universal Declaration of Human Rights adopted by the United Nations (UN) General Assembly in 1948¹ and voted in favour of the Declaration.

There are two Articles within the Universal Declaration of Human Rights² that are particularly relevant to this submission: 1 Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018Submission 616 Article 1.
All human beings are born free and equal in dignity and rights.

Article 7.

All are equal before the law and are entitled without any discrimination to equal protection of the law.

4 National Standards for Education The first goal of the The Melbourne Declaration on Educational Goals for Young Australians of 2008 (MCEECDYA, 2008)³ is that Australian schooling promotes equity and excellence.
The declaration specifically identifies gender and sexual orientation as attributes for which students should not be discriminated against (MCEECDYA, 2008, p. 7).

The Australian Professional Standards for Teachers⁴ state that teachers should know and understand students and employ inclusive strategies that engage and support all students.
3 LGBTIQ+ students The Australian Human Rights Commission (2014)⁵ reports that, “schools are significant sites of homophobic violence and abuse”, resulting in many LGBTIQ+ young people finding it difficult to concentrate, missing classes, and in some cases dropping out of school altogether.
Young children with gender dysphoria are experiencing marginalisation at primary level (Bartholomaeus, 2017)⁶ and LGBTIQ+ students in secondary schools report homophobic and transphobic language and physical harassment that staff did not respond to with consistency (Ullman, 2015)⁷.

Some teachers report homophobic language in primary school contexts (van Leent, 2014)⁸.
As a result of bullying or discrimination, LGBTIQ+ young people suffer higher rates of mental health issues, substance abuse, self-harm and suicidality (Headspace, 2011)⁹.

They are also over- represented in home/alternative schooling contexts (pre-publication Queensland research).

With its responsibility for education, the Australian Government needs to address these issues as part of education, child-support and anti-bullying programs.
5 LGBTIQ+ teachers The Australian Human Rights Commission (2014)¹⁰ states that, “11 in 100 Australians are of diverse sexual orientation, sex or gender identity”.

This means approximately eleven in every 100 teachers, as well as other school employees, may identify as lesbian, gay, bisexual, transgender, intersex, queer or questioning (LGBTIQ+).

The number of same-sex families is also visibly increasing and consequently the number of children in those families.
In order for the classroom to be a truly safe environment for LGBTIQ+ children and families, it must be an inclusive one for LGBTIQ+ teachers too.

Teachers should be employed solely on their ability and qualifications.

Their gender identity, sexual orientation, or intersex status, is no-one’s business but their own, and irrelevant to their work.
Within inclusive and supportive schools, teachers who are themselves of diverse sexuality, transgender or intersex can be valuable role models for LGBTIQ+ students, and, from their own lived experience, can provide support, information and encouragement.
2 Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018Submission 616 Dedicated LGBTIQ+ teachers and staff who are forced to leave their employment after experiencing discrimination within educational settings, can result in mental health suffering for the individual and an unacceptable loss of skills and experience to the teaching profession.
6 Respect for all LGBTIQ+ students, teachers and employees in present day Australia In four Australian states and territories, Queensland, Tasmania, ACT and Northern Territory, legislation does not permit religious schools to discriminate against LGBTIQ+ students.

And in Tasmania, discrimination against LGBTIQ+ teachers is not permitted under the law.
This state and territory legislation does not appear to be creating any difficulties and the Australian Government should not develop legislation that undermines human rights progress in those states and territories.

In recent years many State, Independent and Catholic education authorities have developed policies and programs that respect diversity, acknowledge and value LGBTIQ+ students and recognise the importance of their wellbeing.
As far back as 2010, the Victorian Government established Safe Schools¹¹ to ensure schools are safe places for all students, including lesbian, gay, bisexual, transgender and intersex (LGBTI) students, and are free of discrimination.
The South Australian Department for Education and Child Development Safe Schools Anti-Bullying Initiative (2018) has a policy entitled “Supporting same sex attracted, intersex and gender diverse students”¹² that is mandatory for all staff and volunteers in educational settings.
The policy outlines that schools and preschools have a responsibility for supporting all children and young people in their care and provide them ‘equal opportunities to optimum learning and wellbeing outcomes, regardless of sexual orientation, intersex status or gender identity’.
The Tasmanian Government Department of Education is committed to providing a safe, supportive and inclusive learning environment for all students and have published Guidelines for Supporting sexual and gender diversity in schools and Colleges¹³.
The Queensland Government Department of Education (2018) has recently added support for LGBTIQ+ students to their Student Health and Wellbeing program.¹⁴ Edmund Rice Education Australia, a group of Catholic schools, has published a Safe and Inclusive Learning Communities Statement (2018)¹⁵ and is offering resources for principals, school leaders and teachers.
These outline an approach based on safety, wellbeing and positive affirmation, with an aim of students “feeling good” about their sexual and gender identity.

University courses in education are now including modules on sexuality and gender (personal communication) in order that newly graduated teachers are prepared for the diversity of the students they will teach.

State governments are recognising the diversity of their workforce and providing support systems and networks for their LGBTIQ+ staff.
The Tasmanian Government¹⁶ is committed to working towards an inclusive community where all Tasmanians are treated with dignity and respect and have equal access to Tasmanian Government programs and services.
3 Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018Submission 616 The Queensland public sector¹⁷, recognising that approximately 23,000 Queensland public sector employees are LGBTIQ+, is committed to supporting all employees, and creating an inclusive and diverse workforce that better reflects the community.

The Australian Government should reflect contemporary Australia.
It needs to live up to the human rights advances and example set by states and territories, by eliminating all discrimination on the basis of sexual orientation, gender identity or intersex status from all Commonwealth law.

References 1 Australian Human Rights Commission.

https://www.humanrights.gov.au/publications/australia- and-universal-declaration-human-rights [Accessed 8 January 2019].

2 Universal Declaration of Human Rights.


https://www.un.org/en/universal-declaration-human- rights/ [Accessed 8 January, 2019].

3 The Melbourne Declaration on Educational Goals for Young Australians of 2008. www.curriculum.edu.au/verve/_resources/National_Declaration_on_the_Educational_Goals_for_Yo ung_Australians.pdf [Accessed 8 January 2019].

4 Australian Institute for Teaching and School Leadership (AITSL).

(2014).

Australian professional standards for teachers.


Available at: https://www.aitsl.edu.au/docs/default-source/apst- resources/australian_professional_standard_for_teachers_final.pdf [Accessed 8 January 2019].

5 Australian Human Rights Commission: Violence, Harassment and Bullying - Lesbian, Gay, Bisexual, Trans and Intersex Equality.

Available at: https://bullying.humanrights.gov.au/lesbian-gay-bisexual- trans-and-intersex-equality-1 [Accessed 8 January 2019].

6 Bartholomaeus, C., Riggs, D.W. & Andrews, A.


(2017).

The capacity of South Australian primary school teachers and pre-service teachers to work with trans and gender diverse students.

Available at: http://www.damienriggs.com/blog/wp-content/uploads/2013/09/Capacity-of-teachers-and-pre- service-teachers.pdf [Accessed 8 January 2019].

7 Ullman, J.

(2015).

Free to Be?

: Exploring the schooling experiences of Australia’s sexuality and gender diverse secondary school students.
Centre for Educational Research, School of Education, Western Sydney University, Penrith.

8 van Leent, Lisa J.

(2014) Primary school teachers' conceptions of pedagogical responses to concepts of diverse sexualities.

PhD thesis, Queensland University of Technology.

9 Headspace.

National Youth Mental Health Foundation (2011).

Position paper - young people who are lesbian, gay, bisexual, transgender, intersex.
Available at: https://headspace.org.au/assets/Uploads/Corporate/LGBTI-Position-Paper.pdf [Accessed 8 January 2019].

10 Australian Human Rights Commission (2014) Face the facts: Lesbian, Gay, Bisexual, Trans and Intersex People.

https://www.humanrights.gov.au/education/face-facts/face-facts-lesbian-gay- bisexual-trans-and-intersex-people [Accessed 8 January 2019].
4 Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018Submission 616 11 Victoria State Department program, Safe Schools.

https://www.education.vic.gov.au/about/programs/Pages/safeschools.aspx [Accessed 8 January 2019].

12 South Australia Department for Education.

Supporting same sex attracted, intersex and gender diverse students policy.

https://www.education.sa.gov.au/doc/supporting-same-sex-attracted- intersex-and-gender-diverse-students-policy [Accessed 8 January 2019].
13 Tasmania Government Department of Education, Guidelines.

https://www.education.tas.gov.au/students/lesbian-gay-bisexual-transgender-intersex/ [Accessed 8 January 2019].

14 Queensland Department of Education.

Student Health and Wellbeing program.

https://education.qld.gov.au/initiatives-and-strategies/health-and-wellbeing/student-health- wellbeing [Accessed 8 January 2019].

15 Edmund Rice Education Authority (2018).

Safe and Inclusive Learning Communities.


Available at: http://www.erea.edu.au/about-us/safe-and-inclusive-learning-communities [Accessed 12 February 2018].

16 Tasmania Government.

Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Tasmanians.

http://www.dpac.tas.gov.au/divisions/csr/for_and_about/lgbti_community [Accessed 8 January, 2019].

16 Queensland Government.

Inclusion and diversity commitment: LGBTIQ+.

https://www.forgov.qld.gov.au/lgbtiq [Accessed 8 January, 2019].
5 Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018Submission 616