Discrimination law in NSW在新南威尔士州歧视法.docx

1、Discrimination law in NSW在新南威尔士州歧视法3RD BIENNIAL (FIRST NATIONAL) LGBTIQ DOMESTIC VIOLENCE CONFERENCE 2011 By Stepan Kerkyasharian AOPresidentAnti-Discrimination Board of New South WalesDraft SpeechIntroductionIn 2011 ACON published a GAP analysis of NSW domestic violence support services in relation

2、 to gay, lesbian, bisexual, transgender and intersex (GLBTI) communities in NSW. One of the key findings of the report was that there is a significant variation in the services provided regarding their competence and confidence in working with GLBTI community members and understanding their specific

3、 needs, while some service providers lacked basic awareness. One of the main themes emerging from the ACON survey was that that some service providers adopted a non-discriminatory approach that frequently resulted in a justification for not seeking to identify gender, sex or sexuality of those peopl

4、e seeking support. Also many services appeared to lack an understanding of the difference between sex and sexuality particularly in relation to intersex and transgender people.When faced with inadequate or inappropriate service provisions, it is important that members of the GLBTIQ community know wh

5、at can be done about it including how to use the Anti-Discrimination Act 1977 (NSW) and seek redress when there is discrimination in the delivery of services in the domestic violence context.Or when you are a victim of domestic violence this can have a dramatic impact on your employment. If you thin

6、k about it you may need to take some time off because at the very least you will be under a great deal of stress, you may have an injury as a result of domestic violence or have an appointment with the police a counsellor a court date; How is your employer going to treat you if you are a member of t

7、he LGBTIQ community. Will you be treated less favourably than a straight employee in the same or similar circumstances?Overview of TalkAt this First National LGBTIQ domestic Violence Conference I wanted to talk to you about how the Anti Discrimination Act 1977 works in the context of LGBTIQ communit

8、y and domestic violence; including discussing the grounds of discrimination and the areas of life in which the law applies and the most appropriate way in which the Anti-Discrimination Act 1977 and the Anti-Discrimination Board can help you. I will then talk about the numbers of complaints we receiv

9、ed in our last financial year 2009-2010 and how I believe that these statistics do not necessarily reflect what is really happening. Finally I will talk about the other ways in which the Anti-Discrimination Board works with the LGBTIQ community to address discrimination in all areas of life.Substant

10、ive Part of talkThe Anti-Discrimination Act Grounds and Areas Appropriate for Domestic ViolenceIf a person in the GLBTIQ community suffers from domestic violence and needs to access vital services such as medical support through hospitals or medical centres, or protection from the police, or access

11、to the administration services of courts or seeks legal advice, they are entitled to expect and receive the same appropriate treatment as anyone else in the community. If there is domestic violence at home and the only option is to leave immediately with the clothes on your back, no-where to live an

12、d very limited resources, members of the LGBTIQ community need to be able to access a refuge, a safe haven away from the violence, or the threat of violence, or if the police are called for help and assistance, you need to know that you will be treated with respect, taken seriously, that the standar

13、d discriminatory stereo-typing is not applied in your circumstances.You want to know that members of the LGBTIQ community will be treated with credibility and given the same domestic violence referrals to support services in the same way anyone in the community would be. That the duty solicitor will

14、 attend to your application for an interim Apprehended Violence Order and you will be treated as seriously as someone who is not member of the LGBTIQ community.How can NSW Anti-discrimination Law HelpIf frontline or support services are discriminatory in the provision of the goods or service, there

15、are provisions in NSW law for you to make a complaint on the basis of discrimination. And it is critical for people in the LGBTIQ community that suffer from this type of discrimination take the appropriate action, as it makes the organisation, institute, or employer address discrimination more effec

16、tively, as there is nothing more threatening to some employers as the threat of legal action and negative publicity can cause very negative impacts on the business. Think about the cases you have heard about in the media.The Anti-Discrimination Law in New South Wales in the Domestic Violence ContextThere are two ways where the law in NSW can assist a member of the LGBTIQ suffering from domestic violence. In the Anti-Discrimination Act 1977 (N