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Aus discrimination bill won't guard trans students from expulsion

February 8, 2022
School desks (file image)

Transgender students will not be protected from expulsion under proposed changes to Australia’s Sex Discrimination Act.

Current amendments to the law mean students won’t be able to be expelled from school because of their sexuality, gender, relationship status, or pregnancy. However, protections for transgender people will only be considered after the Federal Election.

Speaking to the ABC, Finance Minister Simon Birmingham said there wasn’t enough time to make more widespread changes.

"I understand the proposal that is put forward is to repeal the exemption as it relates to students being exempted from the sex discrimination act on the basis of their sexual orientation," Birmingham said.

"It doesn't go further than that.”

The admission has attracted criticism from Victoria’s Equal Opportunity & Human Rights Commissioner Ro Allen.

She told ABC National Radio that the decision is "ridiculous".

“The idea that some children deserve protection and others don’t is abhorrent," she said.

“Just to pit them [transgender and gender diverse students] off against other letters of the alphabet is ridiculous.”

The legislation is already facing a bumpy toad through parliament, with members of Scott Morrison’s own party expressing concerns over the proposed changes.

Some MPs have expressed concerns that it would protect discriminatory statements such as claiming a gay person's HIV status is a punishment from God, if it is a genuinely held belief.

Liberal MP Bridget Archer, said the legislation goes too far.

"I'm not sure that there's any way to bridge the divide between the bill as it currently looks like and my concerns," Archer said, according to the ABC.

"So as it is, I'm not sure how I can support it."

The proposed laws were introduced in parliament on Tuesday.

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