Greenwich’s Equality Bill to become law after passing final hurdle

Independent Sydney MP Alex Greenwich’s LGBTIQA+ Equality Bill passed through NSW Parliament’s upper house 15 votes to 12 on Thursday following a late-night sitting, the final hurdle before it will soon become law.

Several amendments to the bill were proposed by the Libertarian Party and the Greens, but were ultimately voted down.

Those who voted against the bill included Shooters, Fishers and Farmers Party MP Robert Borsak; Liberal Party MPs Susan Carter, Scott Farlow, Aileen MacDonald, Natasha Maclaren-Jones, Rachel Merton, Chris Rath, Damien Tudehope and Natalie Ward; One Nation MP Tania Mihailuk; independent MP Rod Roberts; and Libertarian Party MP John Ruddick.

Those who voted in favour of the bill included Greens MPs Abigail Boyd, Amanda Cohn, Cate Faehrmann and Sue Higginson; Animal Justice Party MP Emma Hurst; and Labor MPs Mark Buttigieg, Rose Jackson, Sarah Kaine, Stephen Lawrence, Bob Nanva, Peter Primrose, Penny Sharpe, Cameron Murphy, Emily Suvaal and Anthony D’Adam.

Following the passage of the bill, it will soon become easier for trans people to update their birth certificates without requiring gender-affirming surgery. It will also become an offence to threaten to “out” sex workers and LGBTIQA+ people.

The bill also provides a pathway for children born through overseas commercial surrogacy arrangements to have their parents recognised. 

Non-binary will also become a legal sex descriptor under the bill, new hate crime offences for trans and intersex people have been introduced, and laws have been clarified to ensure trans people are not classified as having a mental health condition.

The legislation cleared the lower house on Wednesday night and the upper house on Thursday after a compromise between Greenwich and Labor, which removed contentious elements to secure its passage.

“We’ve got more work to do and we start that work now with new confidence from these significant wins for our community,” said Greenwich.

Labor MP Penny Sharpe, the leader of the government in the Legislative Council, also known as the upper house, championed the bill during its debate, saying the new laws would make NSW more inclusive.

“Some people are disappointed that the bill does not include the changes that they wish to see. There will be ways to revisit these issues, and that is the way that this progress has always happened,” she said.

“Over the past 40 years of history in this area of reform, we have gone a long way forward and sometimes we go a little bit backwards, but we always come around again.”

On Facebook, Greenwich acknowledged that equality reform was not over, stating that the next phase would be to ensure protections for LGBTIQA+ students and staff in schools and to include sex workers in the Anti-Discrimination Act.

Equality Australia welcomed the bill’s passage, describing it as a landmark moment for LGBTIQA+ reforms in the state but acknowledged it came at a cost.

“While this is a significant win for our community – we are bitterly disappointed the bill didn’t include reforms protecting staff and students in religious schools,” the organisation said on Instagram.

“Equality Australia has spent years campaigning on this issue and we’ll continue fighting to ensure every child at school is welcome and safe, and that teachers don’t have to hide who they are to keep their jobs.”

“Until then, the passage of the Equality Bill this week should give us strength and hope that we’ll get the job done.”

Equality Australia chief executive Anna Brown said the bill was the largest package of LGBTIQ+ reforms in NSW history.

“These new laws will have no impact on the lives of most people in our state, but for a small number of people it will make their lives immeasurably better,” Brown said.

“For the people who have told their stories, the leaders who have listened and the politicians who have had the courage of their convictions, this is a watershed moment in our state’s history and a proud moment in their fight for equality.

“It’s a journey that continues as we turn our attention to the state’s anti-discrimination laws and our ongoing efforts to protect vulnerable teachers and students in religious and private schools across the state.”

Michael Woodhouse, the chief executive of LGBTQI+ health organisation ACON, said the new laws promoted fairness and inclusion.

“We commend members of NSW Parliament who approved this bill and the many community advocates who have worked tirelessly over the years for equality,” he said.

“There is more to be done, and we will continue our work to ensure sexuality and gender-diverse people live with dignity and respect, free from stigma and discrimination.”

Brown said Equality Australia would continue to advocate for reforms to protect LGBTQ+ students and staff in religious schools, which were left out of an amended version of the bill after Greenwich’s compromise deal with Labor.

“These schools rely on millions of dollars of taxpayer funding every year and they should uphold the same non-discriminatory practices that state schools have abided by for decades,” Brown said.

“People are genuinely shocked to discover a religious school can legally fire a woman for falling pregnant outside of marriage or expel a student because they are gay or trans.”

The NSW Law Reform Commission is considering this issue as part of a broad review of the state’s Anti-Discrimination Act that is expected to be finalised next year. 

Once a bill passes both houses, it is sent to the governor for assent, which is given after legal advice confirms no objections, and the Act takes effect 28 days later or on a day set by proclamation, as stated at the start of each bill.