ࡱ> %` bjbj"x"x .@@VVVVVVVjfffffjM{FgFgFgFgFgFgFgFgzzzzzzz$=|h~DzVkFgFgkkzVVFgFg{\z\z\zkVFgVFgz\zkz\z\zVV\zFg:g fk \zz{0M{\z~v~\z~V\z\Fgh\zh|4iFgFgFgzzxFgFgFgM{kkkkjjjD>C"jjjCjjjVVVVVV Please find my responses to the consolation on Protection from discrimination on the basis of sexual orientation and sex and/or gender identity I have included my responses within the questions below. Text in italics are questions of this consultation process. Text in blue italics are quotes from acts or websites or web site references. 1. What benefit would there be in federal anti-discrimination laws prohibiting discrimination on the basis of sexual orientation and sex and/or gender identity? This bring in to place consistent laws across the country. To send a message that such discrimination is not acceptable. To deal with situations where it is not clear which state or territory should be dealing with complaints regarding discrimination. For example if an employee of a company based in one state harasses some one who is Trans or Intersex in another state, where is the complaint lodged? This can also help prevent such cases getting bogged down by interstate communication or buck passing. Some territories and possibly states do not seem to have current laws to protect Intersex people. EG, the ACT. I searched the ACT Discrimination act 1991 and found that intersex people could only be protected under the act if they were considered to be discriminated against on the grounds of Gender Identity which meant: the identification on a genuine basis by a person of indeterminate sex as a member of a particular sex (whether or not the person is recognised as such) (i) by assuming characteristics of that sex, whether by way of medical intervention, style of dressing or otherwise; or (ii) by living, or seeking to live, as a member of that sex. This wording is a bit ambiguous, as some could argue that a particular sex does not include intersex if the government only accepts the genders of male and female but not Intersex. I think there would be a massive benefit from having a federal law which unambiguously stated that Intersex is a gender, and that Intersex people were protected under such an act. The Western Australian Equal Opportunity Act 1984 also seems to be poorly worded and possibly ambiguous. It only seems to protect people with a gender history, and not Intersex people. Having read that Act, I could not find any protection of Intersex people there at all. It also seems to have no protection of Trans people who have not undertaken gender reassignment surgery. 35AA. Gender history (1) Forthe purposes of this Part, a person has a gender history if the person identifies as a member of the opposite sex by living, or seeking to live, as a member of the opposite sex. (2) In subsection(1) opposite sex means a sex of which the person was not a member at birth. 2. What benefit would there be in federal law prohibiting vilification and harassment on the basis of sexual orientation and sex and/or gender identity? As per 1 above. 3. Can you provide examples of situations where federal protections from discrimination on the basis of sexual orientation or sex and/or gender identity are needed because state and territory laws do not provide adequate protections? Yes.. Most urgently the exceptions in some state acts which allow discrimination based on adequate notice of gender identity allow foe a whole range of discrimination. The following exceptions are found in the Victorian Equal Opportunity act 1995 Exceptiongender identity (1) An employer may discriminate against another person on the basis of gender identity in any of the areas specified in section 13 or 14 if (a) the person does not give the employer adequate notice of the person's gender identity; or (b) the person gives the employer adequate notice of the person's gender identity but it is unreasonable in the circumstances for the employer not to discriminate against the person. These exceptions allow for all sorts of discrimination based around what adequate notice of gender identity. For example, an Intersex or Trans person could be fired from a job which they had been at for any period of time because the employer considers adequate notice to be notification prior to employment. A Trans person can be discriminated against because the employer deliberately insists that adequate notice be several years but the Trans person would prefer to transition in a shorter time frame. The adequate notice clauses allowing discrimination must not be included in any federal act. Exceptions for standard dress and behaviour, such as the following in the Victorian Equal Opportunity act 1995 should not be used as basis of discrimination on gender. Exceptionstandards of dress and behaviour An employer may set and enforce standards of dress, appearance and behaviour for employees that are reasonable having regard to the nature and circumstances of the employment. In NSW anti-discrimination law, it seems that Transgendered people can not play sports as the gender they identify: http://www.lawlink.nsw.gov.au/lawlink/adb/ll_adb.nsf/pages/adb_transgender Exceptions sport and superannuation There is an exception in the law for playing sport. This means that whether or not you are a recognised transgender person, you do not have the right to play single-sex sport as the gender with which you identify. You only have the right to play single-sex sport with people of your birth gender. For example, a female to male transgender person can still participate in all-female sports, but does not have the right to play all-male sport. Of course, people may not mind you playing single-sex sport as your identified gender, or they may not know that you are transgender. However, if they do know, and they decide that they dont want to play with you, they can legally stop you playing. This needs to be changed to allow Trans people to play sport as the gender they identify as. Barriers should also be removed against preventing Intersex people from playing sports in single sex teams where there are no other reasonable alternatives. For example, if an Intersex person wanted to play Australian rules football and there was only a male team in the area they lived, then they should be allowed to play in that team. There should not be barriers put in place to prevent them from playing in sports. Also, I am still pretty sure that if I express that I am Intersex, and not female or male, that I can not marry. During the round table consultation one of the speakers indicated that the marriage act allows for an Intersex person to marry if they fit into either a male or female identity. Why should I be forced to take on a gender identity that I am not? That is like telling a female that she has to identify as a male in order to marry. I identify (quite rightly too) as Intersex. Why should I have to change my gender to marry? The right to attend a single sex school. Intersex students should be allowed to attend a single sex school if they wish to. For example, in many smaller towns in the country there may only be high schools designated for boys only or girls only. An Intersex student should be able to chose which school they wish to attend and should not be refused permission to do so. They should not be forced to attend a school or be rejected from attending a school due to the school not being for Intersex students. For example, an all male school should not be able to reject an Intersex student if that student wishes to attend. That child may wish to attend the school not as a male, but simply to be with friends that they grew up with. This should also be a consideration for Trans students who identify as a gender other than the one they were born as. Currently NSW legislation does not allow for this: http://www.lawlink.nsw.gov.au/lawlink/adb/ll_adb.nsf/pages/adb_transgender#education 4. Have you experienced discrimination because of your sexual orientation or sex and/or gender identity for which there is no legal protection? Yes (at least if there is legal protection I am not aware of it): When I found a lump in my breast I was referred to a breast specialist who refused to see me straight away because I might scare the women in the waiting room. I was instead required to wait 7 days before the specialist would see me. Before attending university I attended a 1 year Year 12 equivalence program. I studied very hard and consistently scored grades well above what any other student scored. I know this for a fact, and often compared scores with other students. I also assisted other students with their studies. However, at the end of the year during our graduation ceremony I was mortified when a scholarship was granted to another student and it was announced to the group that that she had the highest scores of any student. Later I asked to see the scores and was told that only female students were eligible for the scholarship, which was provided to encourage more female students into university. This was despite the fact that in 1996, there were more female students attending university than male students and certainly far more than Intersex students. Later it was confirmed that my scores massively exceeded those of the student who was awarded the scholarship. I have twice been refused permission to try on clothing at [a lingerie store] in the ACT. I have been refused permission to try on a dress at [clothing] store in the Canberra Center, ACT. I have been both refused permission to try on clothing, and refused service at several other stores over the years. More times that I can count I have encountered various forms that do not allow me to correctly indicate that I am Intersex. Some of these go on to threaten punitive action for not providing correct information. This is quite stressful as I am continually not given the option to tell the truth, and are treated if I dont tell the truth. It wears you down after a while. [Hostel] staff refused to put me in a disabled room on two separate occasions when I indicated that I was Intersex and would prefer a room where there were no males. I suggested that I be accommodated in a room which was normally used to accommodate disabled people. On both occasions that room was available for use. On one occasion I was told that you look male to me so youll have to go in the male dorm. On the other occasion I was told We put people in rooms based on the sex in their passport. When I indicated that I did not have my passport with me but I did have my drivers licence as the location was within Australia I was told If you dont have a passport we cant book you here. Sorry thats policy. I made a complaint to the [hostel] with regard to this and the inability to choose Intersex as a gender on their online booking system in 2004. Their head office also were of the opinion that they would only allow me to book rooms based on the gender in my passport. They also indicated that they would not change their online booking system to allow Intersex or other as a gender choice. I contacted the office of Births, Deaths, and Marriages in Victoria to request that my birth certificate be changed to indicate that I was Intersex. They asked me to send a letter requesting that in writing. I sent the letter as requested. Over a month, several emails and phone calls later I was finally told that I would need to send a letter indicating that I was Intersex and to again make the request for my birth certificate to be modified. So I did send the requested letter. Again, after several weeks, phone calls and emails I was told I needed a letter from my doctor to the effect that I was Intersex and to make the request again. So I obtained letters from two of my doctors which both indicated that I was Intersex and sent these in with another request for my birth certificate to be modified. After a considerable number of weeks, and again several phone calls and emails including some to the person in charge of birth certificates for BDM Victoria I was told that I needed two letters from my doctors detailing the exact detail of exactly how I was different from males and/or females. At this point I gave up on the process as I had on each iteration of the process met every condition that they had set, provided all of the material they requested and sent it in, only to be met with delay, lack of communication on their part and then finally after calls on my part, a new set of standards to meet. The process was getting expensive, and showed no signs of ending. I also felt that it was extremely unfair that every time I delivered what they requested of me, that they moved the goalposts. I felt very disillusioned by the who process and felt that they were deliberately changing the goalposts so that they could have reasons not to meet my request rather than doing their best to assist me. 5. Have you experienced vilification or harassment because of your sexual orientation or sex and/or gender identity for which there is no legal protection? In high school I was repeatedly bullied, verbally abused, threatened, assaulted and eventually shot at for being obviously different. One of the schools in question, [a rural] High School in Victoria refused to investigate the issue saying it was a police issue. When I reported it to the [local] police station they refused to investigate saying it was a school issue. I think that schools should be required to provide education on what Intersex and Trans people are if they have Intersex or Trans students. Those students should be provided with separate change facilities and should not be required to change in front of male or female students. No school should be allowed to force a Trans or Intersex student to change in front of some one who is not of their own gender. Any person who does force an Intersex person to change with, or in front of male or female students, should face instant dismissal and an ongoing ban against working with students. Intersex and/or Trans students should not be forced to play in teams of a different gender against their will. For example, an Intersex student should not be forced to play in a team of male students against the will of the Intersex student, nor should they be coherced into doing so. If schools do not provide adequate facilities for Intersex or Trans students to change, those students should be allowed to opt out of sports programs if they wish, or if they do want to participate in the programs, the schools should be forced to provide reasonable facilities for those students. While a public servant I was referred to as the freak by several co-workers and received ongoing harassment by one particular employee after I had mentioned that I was Intersex. As I understood it then, there was no protection for harassment on the basis of being intersex as the sexual harassment laws only protected males and females, and not Intersex. 6. What terminology should be used in federal anti-discrimination legislation if protection from discrimination on the basis of sexual orientation is to be included? Dont assume that gender identity has anything to do with sexual orientation. 7. What terminology should be used in federal anti-discrimination legislation if protection from discrimination on the basis of sex and/or gender identity is to be included? I am in favour of the use of the term Gender to refer to Intersex people. I mean male is a gender, female is a gender, why is it that Intersex is referred to as a Gender Identity? People born male or female are not referred to as identifying as male or female so why should people born Intersex be referred to as identifying as Intersex or as Intersex as being their gender identity? I find it extremely insulting that Intersex is still not recognised for what it is, a gender, not a gender identity. The term opposite sex should not be used in such policy. I note that the term opposite sex is often used when setting out exceptions to state anti discrimination legislation. For example from the ACT Discrimination act 1991: Section 22 does not make it unlawful to discriminate against a person on the ground of that persons sex if membership of the relevant club is available only to people of the opposite sex. From the Western Australian Equal Opportunity Act 1984 35AA. Gender history (1) Forthe purposes of this Part, a person has a gender history if the person identifies as a member of the opposite sex by living, or seeking to live, as a member of the opposite sex. I suggest that this obviously in itself discriminates against Intersex people and other people of indeterminate gender. I suggest that instead the term gender other than their own should be used. Use of opposite sex perpetuates that incorrect assumption that there are only two genders. Similarly, any other term which indicates that there are only two genders should not be used except when specifically referring to those two genders with the specific exception of all other genders (and specifically Intersex). Some of these terms may include, but are not limited to; other sex, opposite gender, male or female, men and women, man and woman, he or she, girl or boy. I suggest inclusive or non determinate terms be used when referring to a non specific gender such as people, all people, they, them, their, a group, of a specific gender, of any gender, unspecified gender. When referring to a specific gender, Intersex, Transgender, female or male should be used as relevant. The term gender reassigned or any term which limits the act to only providing protection from discrimination against people who had reassignment surgery should be avoided. The proposed act should cover the widest variety of Trans people, which should include but not be limited to: Transgender, Transsexual, Crossdressers, Drag Queens, Drag Kings, any one else who displays, or is assumed to display, attributes of a gender other than the one they were born as. What are the advantages or disadvantages of the terms used in state and territory laws, including: gender identity; chosen gender; gender history; a gender reassigned person; or a recognised Transgender person; or transexuality? As above. Should protection from discrimination be provided if a person has or appears to have the characteristics of any gender? Yes. All people should be protected from discrimination regardless of whoever and whatever they are or any specific distinguishable features or traits they have.. 8. What terminology should be used to ensure that people who identify as intersex are protected from discrimination in federal law? Should the term intersex be used? Should protection from discrimination on the basis of sex include people who are of indeterminate sex? Yes, I think the term Intersex should be used. I myself prefer Intergender, because too many people associate the word sex with sexual intercourse. This is why I prefer the term gender over sex. But Intersex seems to be generally acceptable. I defiantly would not support any term which includes disorder such as disorder of sexual development. I find that term disgusting. I am not a disorder of anything. 9. What special measures designed to benefit specific groups based on sexual orientation and sex and/or gender identity should be allowed by federal anti- discrimination law? A positive education and employment plan. If it is good enough for females to have such things, then it is good enough for Intersex people to have such things. Failure to do so is clear discrimination. Exceptions based on religion should only be allowed based on an individuals belief in that religion.. Why should a person be allowed to dictate to me that I can be discriminated against? This is particularly so in the case of employment. I understand that some religious groups are permitted to refuse to employ an Intersex person on the grounds of them being Intersex. I can understand a religious group refusing to employ some one on the grounds that the prospective person must have a belief in / understanding of that religion, but they should not be allowed to refuse employment of intersex or Trans people who do have a belief in / understanding of the religion. One great clause that I found in the South Australian Equal Opportunity Act 1984 is: (2a) For the purposes of this Act, a person discriminates on the ground of chosen gender (d) if he or she requires a person of a chosen gender to assume characteristics of the sex with which the person does not identify; or I think this is a must have for the proposed federal discrimination act. It should be a basic human right of any Trans or Intersex person to live as the gender they identify as, including Intersex. They should not be able to be forced to live as a gender that they do not identify as. I would though remove the he or she and replace it with they and change the sex with which the person does not identify to any gender with which the person does not identify 10. What other actions would you like to see the Australian Government take to better protect and promote the rights of LGBTI people in Australia? Dont use stupid names for studies like the sex files. To do so makes a serious report / study sound like a pornographic film. It takes away from the legitimacy of such work. I also found that name to be particularly insulting. Stop referring to Intersex as a gender identity and instead refer to it as what it is, a gender. If you employ staff to protect equality among the genders, then those staff should be looking after Intersex rights as well. If you employ staff to look after the rights of a particular gender, such as female for example, then you should employ staff to specifically look after the rights of intersex people. To fail to do so is clear discrimination. It would be good if schools were required by law to take reasonable efforts to provide toilet and changing facilities for Intersex students if an Intersex student requests it. Why should an Intersex student be forced to change with people who are not their same gender, and a result, face harassment and possible sexual assault? I mean if females were forced to change with males against their will there would be an uproar. Similarly, sexual education in schools must include that there are Intersex people, and that such people are just as natural as the female and male genders. This should help remove the stigma and guilt forced on to Intersex people for merely being born different than the majority of people. Just because were different does not mean theres anything wrong with us. Try to avoid grouping sexual orientation (LGB) with gender identity (TI). Me being an Intersex person has nothing to do with my sexual orientation. Similarly I have heard from many Trans people that being Trans does not have much, if anything, to do with their sexual orientation. I also feel that as an Intersex person, many of our needs are far different from LGB people. I have done many Internet searches for the terms LGBTI and GLBTI to see how many actually include the word Intersex on the web page beyond explaining what the acronym means. Very few web sites about LGBTIs or GLBTI actually have anything on them about Intersex people or Intersex issues. It is very frustrating as an Intersex person to see web sites from organisations claiming to support intersex issues when clearly they dont, and some even seem to have no real idea of what issues are important to Intersex people as those organisations have never communicated with an Intersex person. I feel so strongly about this that I would go so far as to say that if any funding is provided to such organisations to support Intersex issues, that they should actually have Intersex members, or be actively seeking to have Intersex members instead of paying lip service to Intersex people and our issues. Also change the wording on your sex discrimination page from Equality between men and women is a principle that lies at the heart of a fair and productive society to Equality between all genders is a principle that lies at the heart of a fair and productive society The statement is totally offensive and insulting to me as an intersex person. How am I supposed to get fairness and justice if the organisation that is supposed to be providing it clearly seems to be actively against fairness for Intersex people? A positive discrimination program for employment and training of Intersex and Trans people really is needed. I know of many Trans people and two other Intersex people who have very high qualifications, but very low employment, if they are employed at all. There is quite obviously discrimination against Trans and Intersex people, particularly against those that look Trans. Employers now can cite all sorts of reasons for not employing a Trans or intersex person. It would be good to do some studies where highly qualified Trans and/or intersex people were sent to apply for jobs against lesser qualified non Intersex / Trans people. Similar to these following studies: http://www.migrantjobsservices.com.au/?p=631 http://oncampus.macleans.ca/education/2009/05/21/ubc-study-finds-people-with-foreign-names-face-job-discrimination/ Additional points: I found this section of the Western Australian Equal Opportunity Act to be particularly worthy of being included in a federal act. 35AQ. Application forms etc. Where, by virtue of a provision of Division2 or this Division, it would be unlawful, in particular circumstances, for a person to discriminate against a gender reassigned person on gender history grounds in doing a particular act, it is unlawful for the firstmentioned person to request or require the gender reassigned person to provide, in connection with or for the purposes of the doing of the act, information (whether by way of completing a form or otherwise) that persons who do not have a gender history would not, in circumstances that are the same or not materially different, be requested or required to provide. Basically, a federal act should make it discrimination for forms to request information such as past names / gender etc where there was no obvious need for such information. I would accept that in relation to security clearances, police checks, tax forms, company management or circumstances where knowledge of past names was needed, that past names should be provided. However this information should not be asked for where there was no reasonable need, such as library membership, hotel room bookings etc. The Queensland ANTI-DISCRIMINATION ACT 1991 includes the following clause: 28 Work with children (1) It is not unlawful to discriminate on the basis of lawful sexual activity or gender identity against a person with respect to a matter that is otherwise prohibited under subdivision 1 if-- the work involves the care or instruction of minors; and the discrimination is reasonably necessary to protect the physical, psychological or emotional wellbeing of minors having regard to all the relevant circumstances of the case, including the person's actions. I dont see the benefit of this clause. I do see the benefit of protecting children from unlawful sexual activity or predetation. But seriously, what child is going to know the difference between a person of a particular gender based on that persons gender preference? And even if they do, is it practical or fair to hide such people from children? Would it be better that children learn young that society is a diverse place, with diverse people and allow those diverse people to work with children provided they passed all police checks and other working with children laws applicable equally to all other people? Also, this clause makes it impossible for an Intersex person to work with children in Queensland. Why should some one be banned from work based on who they were born as? Is there any proven statistic that suggests that intersex people are more likely to be a danger to, or harm children? I seriously doubt that would be the case, instead I think there is a far better case against priests and the clergy working with children based on the hundreds (if not thousands internationally) of cases of them sexually abusing children. If there is no proven reason for this clause, then it should be specifically overturned in a federal law. Once again, children should learn from a young age that society is diverse, and diverse people should be allowed to work with children. The more children become aware of how diverse society is, they will see it as normal and this in turn will lead to less future discrimination. As a young child I grew up in an inner Melbourne neighbourhood. At school there were kids from all over the world. There were plenty of Greek, Vietnamese, and Italian kids. There were in my class Greek, Vietnamese, Italian, Yugoslav, Scottish, Ethiopian, New Zealander, Middle Eastern and other kids. We all got along okay. There was no race based bullying or teasing. We all just took our differences for granted, accepted each other and got along fine. On the other hand, as I was Intersex and obviously different, I was teased by a few. If kids are shown that Intersex and Trans people are a normal part of society they will adapt and accept them as being normal. The current concept that children need to be protected from Intersex and Trans people is silly, particularly in the case of Intersex people. An Intersex person can not be blamed for how they were born, nor should they be forced to be ashamed of who they are. This is akin to medieval times when people born with disabilities were hidden away, or worse, killed off at a young age. Is it acceptable to discriminate against some one born blind, some one born deaf, some one born with cerebral palsy? No. So why is acceptable to discriminate against an Intersex person? Especially when so many efforts are being made to intergrade people who are blind, deaf or who have cerebral palsy into society? If a blind person, deaf person or a person with cerebral palsy had the skills, the will power and the ability to work with children, then they would be encouraged to do their absolute best and to work with children? Why should I, an Intersex person, be banned from working with children based purely on my birth? I have no criminal record, am extremely non violent, have never abused a child, rarely ever raise my voice and rarely ever swear. If I choose to work with children, should I not have the same rights to do so as others? In fact, it comes down to the very core of self determination here. I should be able to do any job that any other person can do if I have the ability to do so. My choice of job should not be decided upon by other based on discrimination. I think that this particular clause is less about protecting children, and more about closing childrens minds to the knowledge of Intersex and Trans people. I think that adults dont want their children knowing that if they feel uncomfortable as the gender that they are, that they can change it. This is similar to the situation where gay and lesbian teachers often caused an uproar with parents because the parents were worried that the teachers would warp their childrens minds. Perhaps parents dont want their children to be aware that they can change their gender if they so choose to? Some comments from my blog on what it is like to be an Intersex person: I is for Ignore. Why I is for ignore? As an Intersex person, Ive often seen acronyms like GLBTI or LGBTI for various organisations that claim to be inclusive of, or representing Intersex people. But when I dig deeper on these organisations web sites or literature, I often find that the only mention of Intersex is in explaining what the acronym stands for. Also, I have found that Intersex people are generally ignored, and even discriminated against by many people and organisations, some times intentionally, sometimes unintentionally. There are also a great many misconceptions as to what is and is not an intersex person. As far as I am concerned, an Intersex person is some one born with some characteristics of male and female reproductive organs, or who later naturally develop these. Thats a simple definition. But that does not cover it all. I should point out that some means some. There are very few known cases of anyone being born with a full set of reproductive organs from the two main genders. Certainly I dont have a full set of female and male reproductive organs. For example, when I mention that I am Intersex, one of the first things Im often asked, particularly by males. Is why dont you get surgery to become the sex you want? Well there are several reasons why: Number one is that I dont feel a particular need to change myself through expensive and painful surgery simply to meet the needs or expectations of others. Number two is that I dont feel any need to become another gender. I have no problem with being who I am. I mean thats like telling a female for example, You should become a male because I find you socially unacceptable as a female. Or visa versa to a male. I mean would you be okay with changing your gender because people, many of whom you did not know or care about, found you to be socially unacceptable, or were too inconsiderate to take you as you are? Number three, where am I supposed to come up with the sort of money for that surgery? I mean Ive got a university degree, but discrimination in seeking work has been quite high. I just dont get past the interviews any more. You see I dont think typical male or female. I think as who I am, Intersex. I dont feel a need to be male or female. I dont see things in a typical male or female way. I identify with parts of the male way of thinking and parts of the female way of thinking. I think that one of the greatest mistakes people make when they become aware of intersex people is that we want to be make or female, or that we have to conform to a female or male gender. What is wrong with being ourselves? Nor for that matter does the gender of Intersex have anything to do with sexual orientation other than often being mixed in with support groups. Being Intersex does not affect my preference for the gender of my partner. I personally prefer women and other Intersex people. I expect though that like other genders, intersex people vary in which gender they prefer. I should also say, Im kind of uncomfortable with the term Intersex, as too many people see the word sex there and presume it relates to sexual activity, not gender. I personally do not have a problem with the use of the word Hermaphrodite. Discrimination. As an Intersex person I encounter discrimination almost every day. Filling out forms is one of the most frustrating things for me. The number of forms and web forms that dont give the option of choosing beyond male or female for gender is frustrating. More so as many of them threaten penalties for providing false information. I mean I stuffed either way arent I? I cant give true information as the option is not there, and if I give false information I can be fined. My voice tends to sound male some of the time, so to avoid confrontation I adopt a mostly male appearance and persona in society. But because I just dont think like males and females, I tend to get into a lot of problems in work places. For example, I find sexist jokes to be offensive, but if I object to them Im often accused as not being a team player. Also when I dont get involved in male sports I also get the same thing. I have wondered what would happen if I simply acted Intersex, wearing clothing as, and acting how, I would prefer if Id even get jobs in the first place though. I mean main stream jobs, not ones in Gender diverse support positions or crappy low paid jobs. Then there is the Australian Bureau of Statistics. The ABS. You see depending on which paper or web site you go to, you will read that Intersex births occur between 1 in 100 to 1 in 4000 births. The problem is, no one has accurate statistics. I doubt they are obtained or kept. I mean it is not like there is a central office that records or collates such figures. Certainly the ABS does not. Despite requests in the 2006 national census, to have Intersex people counted, the ABS refused to allow this to occur. I wrote to them myself in 2009 and again made the same request. Like Chris Somers of OII Australia ( http://oiiaustralia.com/7421/email-chris-somers-xxy-oii-australian-bureau-statistics-2006-intersex-inclusion-census/_ ) I specified that their charter was to capture accurate statistics. I also specified that this would help Intersex people gain batter access to resources such as health care. However their reply was pretty much the same as the one printed here (http://oiiaustralia.com/6749/intersex-not-counted-2011-australia-census/ ). Actually, thats pretty much word for word what I got. They would not be adding any controversial categories or ones that cost extra to include. What a cop out. If they were not going to add any controversial categories, well I guess they should not include Indian people or Indigenous either, two other categories of people for whom I also often means Ignore. And cost? Were talking about changing a binary value to a multi numerical value. Probably only hours of programming. Heck, I know plenty of Intersex and Transgendered people in the IT industry who would happily do that for free. Organisations where I should mean more than Ignore. I see it all the time. GLBTI, LGBTI, LGBTQI. Notice that the I always appears last? There are a whole pile of organisations claiming to support Intersex people, but in reality just putting the I for Ignore in their acronym. Here are some of them: Lesbian Gay Bisexual Transgender Queer Intersex Network (NSW) http://www.amnesty.org.au/nsw/events/2010/02/ - Where they dont even bother to include I in their acronym. Then again, maybe this is for a reason. You see I never understood why I should be bundled in amongst Gay, Lesbian and Bi people. I mean what does my gender have to do with my sexual preferences? Why should I be bundled with a group of people based on my gender? I mean its not like they have LGBFM (Lesbian, Gay, Bi, female Male) support groups is it? How did gender and sexual preference get mixed up? I guess that it is because were generally minorities, and that in my opinion at least, Transgender people and Intersex people have a lot in common. Also, I pretty much accept that sexual preference may be something you are born with too. So maybe were not as different after all. I just realised that in relation to the Queensland working with children clause of their discrimination act, that there are a wide range of careers that may be affected. This does not just relate to teacher and child care issues. It also relates to jobs like bus drivers. At least in NSW, in order to obtain a bus driver authority you must fill out and obtain a working with children clearance. This clause makes it illegal for Intersex people to become bus drivers. It also means that a person who may have been a bus driver all of their life, can no longer work as a bus driver in Queensland if they decide to change their gender. That is just plain wrong and unfair. Hello. I have some additional suggestions for the GLBTI consultation process. Sadly these are suggested due to discrimination and harassment that occurs within and between the Trans and Intersex communities. Best regards, Addition 19/11/10 I think any policy / Act needs to also acknowledge that discrimination and harassment can occur between Intersex and Transgender people, and indeed within those groups. Some people have their own impressions of how Trans and Intersex people should or should not live. Some people within the community even go so far as to harass others within the community because of their choices in life, particularly related to how much a person wants to conceal the fact that they are Trans or Intersex, and how comfortable they may or may not be in letting others know that. There are unfortunately a few people who are of the opinion that unless you are out and public with your gender identity, that you are not a "real" Trans or Intersex person. Worse still, there is some definite discrimination and harassment between the Trans and Intersex communities that goes both ways. Trans and Intersex people should have the right to choose if, when, where how and how much of their being Trans or Intersex is revealed to the public or other third parties. No other person should be allowed to force a Trans or Intersex person to reveal this information, including other Trans or Intersex people. To this point, the following should be considered to be discrimination under the act: Calling in to question the validity of some one being Intersex or Trans. Including accusing some one of not being Intersex or Trans. Accusing a Trans or Intersex person of cowardice or other bullying if that person chooses not to publicly reveal that they are Trans or Intersex. Vilifying, bullying, harassment of a Trans person on the basis of if they have or have not undergone full surgery. Vilifying, bullying or harassment of a Trans or Intersex person because they are only "part time" Trans or Intersex. That is, that they do not always choose to identify as Trans or Intersex, regardless of their reasons. Vilifying, bullying or harassment of a Trans or Intersex person because they are or are not "full time" or are not "out of the closet". Threatening to or actually "outing" a Trans or Intersex person. Revealing to a third party that a person is Trans or Intersex against that Trans or Intersex persons wishes. (Sadly this is needed because some people use such behaviour to blackmail Trans or Intersex people). The use of lower case letters in acronyms such as GLBTi instead of GLBTI is in itself discrimination. No "sector" or "grouping" of people based on their sexual orientation or gender diversity should be discriminated against. I also think there needs to be a statement or acknowledgment that issues that affect Intersex people are not necessarily the same as those that affect Trans people, or for that matter Gay, Lesbian or Bi people. While much of the discrimination which we all face is similar, there are many issues that Intersex people face that are totally different to those faced by Trans people. Also, some of the similar issues faced by both Trans and Intersex people may be faced by the individuals to a different degree. Certainly harassment and discrimination against intersex people would tend to occur at a much earlier age than for Trans people. This is because a Trans person is more easily able to conceal psychological differences than an Intersex person is able to conceal physical differences. While it is important to acknowledge similarities between Intersex and Trans people, it is also important to acknowledge that they are not the same, and a common "cure all" to issues is not always appropriate. Hello. I have some additional suggestions for the GLBTI consultation process. Sadly these are suggested due to discrimination and harrrassment that occours within and between the Trans and Intersex communaties. Addition 19/11/10 I think any policy / Act needs to also acknowledge that discrimination and harassment can occur between Intersex and Transgender people, and indeed within those groups. Some people have their own impressions of how Trans and Intersex people should or should not live. Some people within the community even go so far as to harass others within the community because of their choices in life, particularly related to how much a person wants to conceal the fact that they are Trans or Intersex, and how comfortable they may or may not be in letting others know that. There are unfortunately a few people who are of the opinion that unless you are out and public with your gender identity, that you are not a "real" Trans or Intersex person. Worse still, there is some definite discrimination and harassment between the Trans and Intersex communities that goes both ways. Trans and Intersex people should have the right to choose if, when, where how and how much of their being Trans or Intersex is revealed to the public or other third parties. No other person should be allowed to force a Trans or Intersex person to reveal this information, including other Trans or Intersex people. To this point, the following should be considered to be discrimination under the act: Calling in to question the validity of some one being Intersex or Trans. Including accusing some one of not being Intersex or Trans. Accusing a Trans or Intersex person of cowardice or other bullying if that person chooses not to publicly reveal that they are Trans or Intersex. Vilifying, bullying, harassment of a Trans person on the basis of if they have or have not undergone full surgery. Vilifying, bullying or harassment of a Trans or Intersex person because they are only "part time" Trans or Intersex. That is, that they do not always choose to identify as Trans or Intersex, regardless of their reasons. Vilifying, bullying or harassment of a Trans or Intersex person because they are or are not "full time" or are not "out of the closet". Threatening to or actually "outing" a Trans or Intersex person. Revealing to a third party that a person is Trans or Intersex against that Trans or Intersex persons wishes. (Sadly this is needed because some people use such behaviour to blackmail Trans or Intersex people). The use of lower case letters in acronyms such as GLBTi instead of GLBTI is in itself discrimination. No "sector" or "grouping" of people based on their sexual orientation or gender diversity should be discriminated against. I also think there needs to be a statement or acknowledgment that issues that affect Intersex people are not necessarily the same as those that affect Trans people, or for that matter Gay, Lesbian or Bi people. While much of the discrimination which we all face is similar, there are many issues that Intersex people face that are totally different to those faced by Trans people. Also, some of the similar issues faced by both Trans and Intersex people may be faced by the individuals to a different degree. Certainly harassment and discrimination against intersex people would tend to occur at a much earlier age than for Trans people. This is because a Trans person is more easily able to conceal psychological differences than an Intersex person is able to conceal physical differences. While it is important to acknowledge similarities between Intersex and Trans people, it is also important to acknowledge that they are not the same, and a common "cure all" to issues is not always appropriate. Hello again. Here are some additional thoughts on the Sexual orientation and Gender Diverse consultation process: Addition 25/11/2010. Security screenings. Gender diverse people should be subject to the same security screenings as other people. However, their gender should not be the basis of a security check or search. For example, a Trans person at an airport should not be directed towards a security screening just because their identity documents indicate one gender, while their appearance indicates another gender. Similarly, Trans people should not be singled out for searches if a nightclub is being searched for whatever reasons. When doing frisk searches, consideration should be made for the chosen gender of Trans people, and for the fact that some Intersex people identify as Intersex, which is not male, or female. Trans and Intersex people should be able to nominate the gender of the officer who frisks them. Also, there should be an option for people to choose one gender frisk one part of their body while another gender frisk another part. For example, a pre-operative male to female Trans person may have developed breasts, but who has not undergone reconstructive surgery may feel more comfortable with a woman frisking their upper half and a male frisking their lower half. Imprisonment. As shown by this story, Trans people are still being put into prisons which do not represent their presenting gender. http://mcv.gaynewsnetwork.com.au/news/trans-death-in-custody-inquiry-demanded- 007648.HTML Trans people should be put in prisons of the gender they are presenting as. Current policies also tends to require that they be put into isolation and are not allowed to mix with other prisoners. I can see that in some situations that would be for their protection. However, that should be their choice. They should not be treated differently from other prisoners. When it comes to Intersex people, I know that I personally am terrified of ever being sent to jail. I am extremely law abiding as a result. I fear being in the wrong place at the wrong time and end up being swept up in something that would land me in jail or some other form of detention. I drive very safely for that reason. I do not know if there are any policies on Intersex people in prisons, in particularly, people like myself who do not identify as being male or female. What would happen to me if I did go to jail? I suspect that if I was placed in a male prison that I would be raped almost constantly due to having breasts. Naturally this would probably lead to fatal depression. I think it is VERY important that a suitable federal policy be created to protect Intersex people in the prison system. It is also probably worth noting that for these reasons, that Trans and Intersex people will probably have one of the lowest offender rates in society, but will probably face some of the highest harassment and attacks in prison. I was thinking that perhaps there should be a special prison for Trans and Intersex people, but then again that is in itself discrimination, and would see us being separated from our family and friends unnecessarily. Addition 25/11/10 Government databases / forms. I note that the vast majority of government databases and forms do not allow for a gender option of more than male or female. I noted to staff at Centrelink that I am Intersex after one had been putting my gender down as male on forms when I had deliberately not been entering that information. In accordance with the Privacy act, and in particular the National Privacy principles (http://www.privacy.gov.au/materials/types/infosheets/view/6583) : An organisation must take reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and up-to-date. And 6.5 If an organisation holds personal information about an individual and the individual is able to establish that the information is not accurate, complete and up-to-date, the organisation must take reasonable steps to correct the information so that it is accurate, complete and up-to-date. This means that government organisations such as Centerlink must take reasonable steps to ensure that they can record my gender accurately. I have worked in the IT field for over ten years now, so I do have a grasp of programming and database administration. Quite often the value used in programs to store gender is a binary value of either 1 or 0. However in many cases this can easily be changed to a char or num-char value which gives more than two options. At the very least, it should be a REQUIREMENT for governments to ensure that all future software developed where gender will be a value, that Intersex, Trans and (or at the very least) Other should be an option. Additionally, the data validation should not include rules that where a gender equals male that Mr be used as a salutation, and that where the gender equals female, that the salutation Ms, Miss or Mrs be used. 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