Senator Nick McKim has today introduced the Anti-Discrimination Legislation Amendment (Sexual Orientation, Gender Identity and Sex Characteristics Discrimination Commissioner) Bill 2026 to Commonwealth Parliament.
The Justice and Equity Centre (JEC) supports the Bill, which would create a Sexual Orientation, Gender Identity and Sex Characteristics Discrimination Commissioner within the Australian Human Rights Commission. The Bill would also update the terminology used in the Sex Discrimination Act to replace references to ‘intersex status’ with references to ‘innate variations of sex characteristics’.
Comments from Alastair Lawrie, JEC Director of Policy and Advocacy and anti-discrimination expert
‘Discrimination and hate speech against LGBTIQA+ Australians continues to rise, but there is currently no stand-alone Commissioner with responsibility for fighting discrimination on the basis of sexual orientation, gender identity or innate variations of sex characteristics. This is a significant gap in Australia’s anti-discrimination framework, leaving the community without adequate protection.’
‘The Justice and Equity Centre supports the creation of a dedicated position within the Australian Human Rights Commission to focus squarely on countering discrimination against LGBTIQA+ people.’
‘In 2022, the Albanese Government committed to modernising protections for people born with variations of sex characteristics. So far, they have failed to do this. This Bill addresses the issue by replacing the out-dated terminology of ‘intersex status’ with the more-inclusive protected attribute of innate variations of sex characteristics. We hope the Australian Government will support this attempt to bring the Sex Discrimination Act into line with the majority of state and territory anti-discrimination laws.’
Alastair is available for further comment.
Media contact:
Media and Communications Coordinator, Seamus May: 0478 739 280
