Aged care discrimination to continue

Recent amendments proposed to the Sex Discrimination Act will not prevent aged care facilities from discriminating against potential clients on the basis of their sexual orientation, gender identity or because they are intersex.

President of the Australian Human Rights Commission, Gillian Triggs, and Age Discrimination Commissioner, Susan Ryan, claimed the Australian Human Rights Commission was disappointed with the proposed amendments.

“I am concerned that a major area of discrimination against older Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) people has been left out of this bill,” Commissioner Ryan said.

“Though I welcome the proposed measures for the Sex Discrimination Act that will offer stronger protections to LGBTI people, including older LGBTI people, who experience discrimination on the basis of their sexual orientation or gender identity, older LGBTI people at the stage of requiring aged care must have their rights protected,” she added.

Commissioner Ryan urged the parliament to add this protection to the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013 now before parliament.

“I believe there is general agreement in parliament, and certainly in the community, that older LGBTI people needing care should not be excluded from aged care services because of their sexual orientation or gender identity,” she said.

The exposure draft of the Human Rights and Anti-Discrimination Bill proposed removal of the exemption that allows church based aged care providers to exclude LGBTI people.

President Triggs said “as this change was not contentious, it should be included in the Sex discrimination amendment bill now before the parliament.

“This is one aspect of the original consolidation draft that does not need further work or consultation,” President Triggs added. “It is clearly widely supported, is a simple change and actually reflects current polices of most church based aged care providers.”

Commissioner Ryan added protection against sexual orientation discrimination was an urgent matter.

“As the population ages, more and more LGBTI people will be reaching their 70s and 80s and, like the rest of the population, starting to require either home based or residential aged care.”

The Commission will provide further comments on the operation of the proposed provisions when a chance to consider the bill arises.