Australian Coalition for Equality questionnaire

Australian Greens response

The Greens Sexuality and Gender Identity policy can be accessed here: http://greens.org.au/election/policy.php?policy=29

~ Anti-discrimination and anti-vilification legislation

Is your party committed to the enactment of Commonwealth legislation

outlawing discrimination and incitement to hatred on the grounds of sexual

orientation and gender identity?

Yes, the first principle of the Australian Greens policy Sexuality and Gender Identity states freedom of sexuality and gender identity are fundamental human rights.

The Greens are committed to the enactment of federal anti-discrimination legislation which includes sexual orientation and gender identity as grounds for unlawful discrimination. In Australia, discrimination of this kind is still a significant cause of psychological distress, mental illness and suicide.

Federal anti-discrimination legislation has an important role to play in ensuring that our legal and social environments are free from harassment, abuse, vilification, stigmatisation, disadvantage or exploitation on the basis of sexual orientation or gender identity.

Is your party committed to ensuring that this legislation has no exemptions

for private clubs or religious or religious-based institutions which allow

discrimination or incitement to hatred on the grounds of sexual orientation

and gender identity?

Yes, there should be no exemptions.

~ Superannuation

Is your party committed to ensuring that partners in same-sex and

different-sex relationships have the same entitlements in legislation

governing both private superannuation schemes and those schemes established for Commonwealth employees?

If so, how and when? If not, why not?

Yes. The Greens are committed to the immediate removal of all discrimination against same-sex couples and their families. The Greens will work hard in parliament and in the community to ensure that whoever wins government implements the recommendations of the HREOC report in the first session of the new parliament.

~ Employment entitlements and conditions

Is your party committed to the amendment of industrial relations laws, as

well as laws governing the entitlements of Commonwealth public servants,

parliamentarians and other government officials, to ensure that partners in

same-sex and different-sex relationships have the same entitlements?

If so, how and when? If not, why not?

~ Taxation, social security, aged care and Medicare

Is your party committed to the relevant amendments to taxation and social

security laws and provisions governing access to aged care and Medicare

entitlements, to ensure partners in same-sex and different-sex relationships

have the same entitlements?

If so, how and when? If not, why not?

~ Family law and parenting

Is your party committed to the necessary amendments to the Family Law Act,

Family Law Court practices and policies, and all other Commonwealth laws

relevant to parenting and the care of children, to ensure partners in

same-sex relationships and different-sex relationships, and their children,

have the same entitlements and legal rights?

If so, how and when? If not, why not?

Yes. Fair and equal treatment and respect for all relationships is an important priority for The Greens.

~ Other discrimination against same-sex relationships

Is your party committed to removing discrimination against same-sex couples

in other areas of Commonwealth jurisdiction not already mentioned in this

survey including in all those 58 federal laws identified in the Human Rights

and Equal Opportunity Commission report, "Same sex: same entitlements"? If

so, how and when? If not, why not?

Yes. The Greens will work hard in parliament and in the community to ensure that whoever wins government implements the recommendations of the HREOC report in the first session of the new parliament.

Is your party committed to reform of the Marriage Act to allow same sex

couples to marry? If so, how and when? If not, why not?

Fair and equal treatment and respect for all relationships is an important priority for The Greens. The Greens want the legalisation of marriage regardless of sexual orientation or gender identity. Without universal access to marriage for all, we do not have relationships equality. The Greens also support the introduction of civil unions as an alternative to marriage.

The Greens have tabled a private members bill for same-sex marriage in Parliament and have used every opportunity to campaign for same-sex marriage in the media and community.

Is your party committed to formally recognising and entitling same-sex and

other relationships in other ways, including through civil union schemes or

relationship registries? If so, how and when? If not, why not?

Yes, see above.

~ Violence

Is your party committed to a funded national strategy to tackle homophobic

and transphobic violence, including appropriate research on the nature and

extent of this hate crime, and the inclusion of domestic violence

experienced by same-sex partners within existing domestic violence policies

and programs?

Yes. There needs to be greater resources put into tackling homophobic and transphobic violence.

~ Suicide

Is your party committed to a funded national strategy to prevent suicide

within the lesbian, gay, bisexual and transgender communities, and the

inclusion of homophobia and transphobia as important causal factors within

existing anti-suicide programs?

Yes.

~ Education

Is your party committed to the development of national benchmarks, policies

and programs to eliminate homophobic and transphobic bullying in schools.

Yes.

Is your party committed to tying these benchmarks, policies and programs to

the disbursement of Commonwealth education funding?

Curriculum and programs in schools should be determined primarily by teachers and educational professionals through the state based boards of studies or a national curriculum body. The Greens would encourage and support any decision by such boards to implement anti-homophobia and anti-transphobia programs and inclusive sexuality education in the curriculum.

~ Health

Is your party committed to the development of a comprehensive national

strategy on improving health outcomes for lesbian, gay, bisexual and

transgender Australians?

Yes.

Is your party committed to eliminating discrimination on the grounds of

sexual orientation and gender identity in the provision of

Commonwealth-funded health services?

Yes.

~ Foreign Affairs

Is your party committed to multi-lateral and bi-lateral advocacy against

persecution on the grounds of sexual orientation and gender identity?

Yes. Most recently Greens Senator Kerry Nettle led public action calling on the Prime Minister to take diplomatic action on homophobic and discriminatory laIs your party committed to equal entitlements for same-sex and different-sex

couples in all relevant ADF entitlements and benefits?ws in Fiji. Australia should take the lead with other like minded countries to push for reform in other countries particularly in the Asia-Pacific.

Does your party support a UN resolution on sexual and gender identity

discrimination?

The Greens fully support the Brazilian Resolution on Human rights and Sexual Orientation and will encourage the Australian Government to become a joint sponsor of the resolution.

~ Military Service

Is your party committed to an Australian Defence Force anti-harassment

policy which includes harassment on the grounds of sexual orientation and

gender identity, and training in sexual and diversity issues for ADF

personnel?

Yes.

~ Immigration and Asylum seekers

Is your party committed to granting same-sex couples the same legal rights

in immigration law as different-sex couples?

Yes

Is your party committed to the formulation of government refugee policies

which recognise that the criminalisation of homosexual activity, as well as

a state's failure to protect sexual minorities against systematic violence,

amount to persecution within the terms of the relevant international

conventions, and are grounds for granting refugee status in Australia?

Yes. International law has evolved to increasingly recognise such situations as fitting the definition of persecution under the refugee convention. Australia has lagged behind on such recognition. Discrimination and persecution based on sexuality should be recognised by Australia as grounds for refugee status.

~ Transgender and intersex issues

Is your party committed to recognising the gender identity of transgender

and intersex Australians on relevant official documents including passports?

Yes. Recently Greens Senate candidate David Shoebridge successfully advocated in court proceedings on exactly this issue allowing his client to get their passport.

Is your party committed to up-holding the High Court decision which allows

transgender people to marry the opposite-sex partner of their choice

following gender re-assignment?

Yes.

Is your party committed to continuing and/or extending the Medicare benefits

available to transgender people undergoing gender re-assignment?

Yes.

~ Commonwealth Government funding and consultation

Is your party committed to on-going consultation with gay, lesbian,

bisexual, transgender and intersex communities through the establishment of

government / community liaison committees?

The Greens feel that it is important for governments and their agencies to consult with GBLTI communities and their representative groups on the development of policies and programs that affect GBLTI people. We will continue to meet and consult with the GBLTI community in formulating our policy and plans of action in the years ahead.

Is your party committed to funding of, and consultation with, gay, lesbian,

bisexual, transgender and intersex peak bodies on the same basis as other

organisations representing disadvantaged minority interests?

Yes.