encouraging and supporting staff development and multi-skilling Aims and principles The Anti-Discrimination Commissioner and her staff seek to achieve a Tasmanian community that recognises all people are entitled to respect, dignity and appreciation for their contributions and in which all are honoured for their diverse abilities and strengths. The work and practice of the Anti-Discrimination Commissioner and her staff are founded in principles of fairness, recognition, co-operation, cultural diversity, awareness and continued service to the community. Within the Anti-Discrimination Commissioner’s office, all staff members continue to provide leadership in the application of these principals. Policy work A core function of my office is to provide advice on matters related to discrimination and related conduct. This role is performed through a variety of functions: advice to the Attorney-General on matters related to discrimination in law and policy consulting and inquiring into discrimination and related conduct contributing toward State and Federal discrimination law developments, through submissions to inquiries and other policy review processes participating in reference groups and other forums to assist in guiding policy outcomes.
Legal recognition of sex and gender diversity In February 2016, I released a discussion paper on options for amendment to Tasmania’s Births, Deaths and Marriages Registration Act 1999 to provide for legal recognition of sex and gender diversity. Concerns about the current arrangements for registering and amending official information collected about sex and gender identity include: the requirement to undertake gender re-assignment surgery for a change of sex to be recognised; the requirement that a person not be married to have a change of sex legally recognised; the age and approval requirements for young persons to have a change of sex or name registered; the restrictions associated with a person being recognised as a gender other than male or female; issues associated with unnecessary medical treatment to make intersex bodies conform to the sex assigned at birth. The effect of the current provisions of the Births, Deaths and Marriages Registration Act is that a transgender person who has not had sexual surgery and/or who remains married is not able to obtain official recognition of their gender identity. Nor is a person with intersex variations able to be registered in a way that recognises they may have both male and female biological sex markers or other non-binary sex characteristics. Action to address the arrangements currently contained in laws governing the way in which the official sex or gender of Tasmanians is recorded occurs in the context of a greater recognition of the rights of people who are transgender or have biological characteristics outside the binary of male and female. As the diversity of our biology and gender identity becomes increasingly understood, it is important that all Tasmanians are able to be formally recognised in ways that respect their identity and bodies. The adoption of similar standards for all Commonwealth Government agencies and more recent moves by the Australian Bureau of Statistics to enable a person to identify as neither male nor female in the 2016 Census are indicative of a
(d) a person other than the complainant has commenced proceedings in a commission, court or tribunal in relation to the same subject matter of the complaint and the Commissioner is satisfied that the subject matter may be adequately dealt with by that commission, court or tribunal; or … (f) the subject matter of the complaint has already been adequately dealt with by the Commissioner, a State authority or a Commonwealth statutory authority; or … (h) in the opinion of the Commissioner, the complaint relates to conduct that is within the scope of an exemption granted under Division 11 of Part 5. The Commissioner may also dismiss the complaint at this stage if the complainant has failed to remain involved in the process or changed their contact details and failed to inform the Commissioner of how to get in touch. Upheld by Tribunal A complaint may be upheld by the Tribunal if it finds, through its inquiry, that part or all of the complaint is substantiated. If a complaint is upheld, the Tribunal may make one or more of a range of orders: (a) an order that the respondent must not repeat or continue the discrimination or prohibited conduct; (b) an order that the respondent must redress any loss, injury or humiliation suffered by the complainant and caused by the respondent’s discrimination or prohibited conduct; (c) an order that the respondent must re-employ the complainant; (d) an order that the respondent must pay to the complainant, within a specified period, an amount the Tribunal thinks appropriate as compensation for any loss or injury suffered by the complainant and caused by the respondent’s discrimination or prohibited conduct;
Tribunal membership Tribunal membership during 2015–16 was as follows: Stephen Carey (Member and Chair – South) Stephen Bishop (Member – North) Michael Brett (Member – North) Jennifer Bridge-Wright (Member – South) Simon Brown (Member – North) Rodney Chandler (Member – South) Kate Cuthbertson (Member – South) Glenn Hay (Member – South) Cathryn McKenzie (Member – Other) Audrey Mills (Member – South) Margaret Otlowski (Member – South) Robert Winter (Member – South) Cate McKenzie of the Victorian Civil and Administrative Tribunal is appointed to sit on Anti-Discrimination Tribunal cases where conflicts mean that Tasmanian members are unable to sit. All Tribunal members carry out their responsibilities on a part-time basis. Contact the Tribunal: Registrar Anti-Discrimination Tribunal Level 7, NAB House 86 Collins Street, Hobart Phone: (03) 6166 4750