A major new report from the Australian Human Rights Commission has found that trans and gender‑diverse people across the country face widespread discrimination, impacting everything from healthcare and housing to workplaces and schools.
Released on International Trans Day of Visibility, Equal Identities: A Human Rights Review of the Experiences of Trans and Gender‑Diverse People in Australia looks at how discrimination plays out in everyday life. It draws on 97 submissions with Australian and international research.
“Trans and gender‑diverse people are part of every Australian community,” Sex Discrimination Commissioner Dr Anna Cody said in statement.
“They contribute to our families and society, and they are entitled to equal respect under the law like anyone else. But too often, their rights are not realised.”
She said the stories shared with the commission show what happens when systems don’t include everyone. “The experiences shared with the commission show when there are gaps in legal protections, when services aren’t designed for everyone, and when data is missing or inaccurate, people are left out. The consequences can be devastating.”
Stronger laws and safer services
One of the big pushes in the report is for stronger, more consistent laws to protect LGBTIQA+ people. It recommends that federal, state and territory governments bring in aligned legislation that bans vilification, incitement of hatred and threats of physical harm against LGBTIQA+ people and their associates, with both civil and criminal options. Those laws should be written in consultation with LGBTIQA+ communities, including trans and gender‑diverse people.
The report also calls for properly funded legal services, and for crisis accommodation and homelessness services to be inclusive and safe for trans and gender‑diverse people, including those who are also dealing with racism, disability discrimination or poverty.
On discrimination law, the commission recommends repealing section 43A of the Sex Discrimination Act 1984 (Cth), changing section 37(1)(d) and repealing section 38 in line with the Australian Law Reform commission’s 2024 report on religious educational institutions and anti‑discrimination laws. It also wants states and territories to review their own laws so trans and gender‑diverse people can access publicly funded services, including those run by religious bodies, on equal terms.
Basically, the commission is saying the law should no longer give religious schools and organisations a broad exemption that lets them treat LGBTQIA+ people differently because of their beliefs.
Health, data and ending conversion practices
Healthcare is another major focus. The report says governments should reduce barriers to all forms of healthcare, including gender‑affirming care, by increasing staffing and resources to tackle long public waitlists, funding services in rural, remote and regional areas, and running public campaigns that counter misinformation and disinformation about trans and gender‑diverse healthcare.
It recommends that every jurisdiction introduce or strengthen bans on conversion and suppression practices in both religious and secular settings. Those laws should be developed with survivors, clearly define what counts as conversion or suppression, allow third‑party reporting and include education about who is protected and the harm these practices cause.
For young people, the report says pauses on puberty suppressants and other hormone therapies should end, and that care for trans and gender‑diverse children and adolescents should be guided by Gillick competence and standard clinical practice in adolescent medicine.
The report also stresses the need for accurate data. It recommends that all government and government‑funded bodies collect information on gender, sexuality and variations of sex characteristics using the ABS Standard, including collecting gender identity data from everyone. New data collection protocols should be developed with LGBTIQA+ and trans and gender‑diverse organisations to build trust and protect privacy.
Schools, representation and public debate
In education, the commission wants federal, state and territory departments to make sure policies, practices and curriculum support an inclusive model, where trans and gender‑diverse students are part of core teacher training and professional development. Any school or tertiary institution receiving public funding should have clear policies to prevent discrimination and harassment of trans and gender‑diverse students, staff and parents.
Across health, education, housing and social services, the report repeatedly calls for LGBTIQA+ and trans and gender‑diverse people to be at the table: on advisory groups, committees and rapid reviews. It recommends specific advisory bodies, like an LGBTIQA+ Health Advisory Group and an LGBTIQA+ Youth Advisory Group, so that major policies — from the National Suicide Prevention Strategy to education settings — are informed by lived experience.
The report also acknowledges the current wave of public debate and online pile‑ons. “Gender diversity exists across cultures throughout history. Rigid ideas about gender hurt everyone. They limit people’s opportunities to be themselves, and lead to discrimination and exclusion of people who don’t fit binary gender stereotypes,” Dr Cody said.
“Everyone benefits from respectful, accurate public debate. When false information about trans and gender diverse people is deliberately spread, it fuels fear, undermines rights and causes real harm. Trans and gender diverse people deserve the same rights and protections as everyone else.”
For Dr Cody, the path forward is about more than words. She said the report makes clear the need for urgent action, and that “the politicisation of trans peoples’ lives — including dehumanising trans people — must end.” Leaders, institutions and media, she said, all have a responsibility to promote safety, dignity and inclusion.
This report is basically a blueprint: if governments and institutions actually follow these recommendations, safety, dignity and equal participation become something trans and gender‑diverse people can count on, not just hope for.
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