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Anti-Discrimination Legislation Amendment (Sexual Orientation, Gender Identity and Sex Characteristics Discrimination Commissioner)

Current status

This bill is currently before Parliament.

Policy area

Law, justice & rights

What does this bill do?

LGBTIQA+Lesbian, gay, bisexual, transgender, intersex, queer and asexual people, and others outside heterosexual, cisgender or endosex categories. people would gain a dedicated commissionerAn appointed official who protects and promotes rights in a particular area. to protect and promote their rights under federal discrimination law.

Why was it introduced?

The sponsor said sexual orientation, gender identity and intersex status became protected under federal law in 2013. They remained the only protected traits across the four main federal discrimination laws without a dedicated commissionerAn appointed official who protects and promotes rights in a particular area.. The sponsor also said “intersex status” did not reflect everyone it was meant to protect, because many people with diverse sex traits do not identify as intersex.

Broader context

Australia already had Commonwealth discrimination protections covering sexual orientation, gender identity and “intersex status”, but the bill’s explanatory memorandum says that label did not reflect the diverse people and sex characteristicsPhysical traits related to sex, including anatomy, chromosomes, genes, hormones and features that emerge during puberty. it was meant to protect, while LGBTIQA+Lesbian, gay, bisexual, transgender, intersex, queer and asexual people, and others outside heterosexual, cisgender or endosex categories. people lacked a dedicated Australian Human Rights Commission commissionerAn appointed official who protects and promotes rights in a particular area.. Against that background, Senator Nick McKim introduced this private senator’s bill to create a dedicated commissionerAn appointed official who protects and promotes rights in a particular area., broaden the language to “innate variations of sex characteristicsSex traits present from birth that differ from typical medical or social expectations for male or female bodies.” and give the role a stronger voice in courts and workplace equality processes.

Key criticism

The evidence pack does not contain an opposing debate speech or any stated criticism of the bill. It contains the sponsor’s case for the bill and records that debate was adjourned.

Who supported it?

Senator Nick McKim introduced this bill. Support so far has come from Labor, Greens, Liberal, some crossbench members; opposition has come from One Nation, UAP.

Introduced in Senate 30 June 2026
At second reading in Senate 30 June 2026
Not yet reached House —
Not yet law —

Did it become law?

Not yet

Final passage

Recorded vote so far

1 recorded vote on the bill was found earlier in passage, but the final chamber agreement was not a counted division.

Days since introduction

38 days

Updated 07 Aug 2026.

Official record

View on APH

Parliament of Australia bill page

Meaning

What does this bill do?

  1. LGBTIQA+Lesbian, gay, bisexual, transgender, intersex, queer and asexual people, and others outside heterosexual, cisgender or endosex categories. people would gain a dedicated commissionerAn appointed official who protects and promotes rights in a particular area. to protect and promote their rights under federal discrimination law.

  2. People born with diverse sex traits would be protected using the term “innate variations of sex characteristicsSex traits present from birth that differ from typical medical or social expectations for male or female bodies.” instead of “intersex status”.

  3. People facing discrimination would be covered when they receive worse treatment or when a rule disadvantages people with the same sex traits.

  4. LGBTIQA+Lesbian, gay, bisexual, transgender, intersex, queer and asexual people, and others outside heterosexual, cisgender or endosex categories. communities would be consulted before the commissionerAn appointed official who protects and promotes rights in a particular area.’s first appointment. The publicly advertised selection process must be based on merit.

  5. LGBTIQA+Lesbian, gay, bisexual, transgender, intersex, queer and asexual people, and others outside heterosexual, cisgender or endosex categories. people would gain a federal advocate who can run education and research programs and examine proposed national laws.

  6. People involved in relevant court cases could receive help from the commissionerAn appointed official who protects and promotes rights in a particular area. as a “friend of the courtAn independent expert who helps a court without representing either side.”, an independent expert adviser.

  7. People with existing complaints or workplace cases would remain under the current rules. The changes would generally apply after commencement.

Show source excerpts
  1. The Anti-Discrimination Legislation Amendment (Sexual Orientation, Gender Identity and Sex Characteristics Discrimination Commissioner) Bill 2026 (the Bill) will create the role of Sexual Orientation, Gender Identity and Sex Characteristics Discrimination Commissioner (the Commissioner) under the Sex Discrimination Act 1984. The role of the Commissioner will be to protect and promote the legislated human rights of lesbian, gay, bisexual, transgender, intersex, queer/questioning, and asexual (LGBTIQA+) people in Australia regarding sexual orientation, gender identity, and sex characteristics.
    Anti-Discrimination Legislation Amendment (Sexual Orientation, Gender Identity and Sex Characteristics Discrimination Commissioner) explanatory memorandum
  2. Sex Discrimination Act 1984 Omit “intersex status”, substitute “innate variations of sex characteristics”. Omit “intersex status” (wherever occurring), substitute “innate variations of sex characteristics”. 20 Paragraph 3(b) Omit “intersex status”, substitute “innate variations of sex characteristics”. 21 Subsection 4(1) (definition of Commissioner) Repeal the definition. 22 Subsection 4(1) innate variations of sex characteristics, in relation to a person, means having innate sex characteristics that differ from typical medical or social norms for male or female bodies. 23 Subsection
    Anti-Discrimination Legislation Amendment (Sexual Orientation, Gender Identity and Sex Characteristics Discrimination Commissioner) introduced text
  3. 26 Subsections 5C(1) and (2) Repeal the subsections, substitute: (1) For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person’s innate variations of sex characteristics if, by reason of: (a) the aggrieved person’s innate variations of sex characteristics; or (b) a characteristic that appertains generally to persons who have the same innate variations of sex characteristics as the aggrieved person; or (c) a characteristic that is generally imputed to persons who have the same innate variatio
    Anti-Discrimination Legislation Amendment (Sexual Orientation, Gender Identity and Sex Characteristics Discrimination Commissioner) introduced text
  4. (1) There shall be a Sexual Orientation, Gender Identity and Sex Characteristics Discrimination Commissioner, who shall be appointed by the Governor‑General. (2) A person must not be appointed under subsection (1) as the Commissioner unless the Minister is satisfied that: (a) the person has appropriate qualifications, knowledge or experience; and (b) the selection of the person for the appointment is the result of a process that: (i) was merit‑based; and (ii) included public advertising of the position; and (c) appropriate consultation has been undertaken with LGBTIQA+ people and peak bo
    Anti-Discrimination Legislation Amendment (Sexual Orientation, Gender Identity and Sex Characteristics Discrimination Commissioner) introduced text
  5. 37 After paragraph 48(1)(gc) (gd) to promote discussion and awareness of matters relating to the human rights of LGBTIQA+ people in Australia; (ge) to undertake research, or educational or other programs, for the purpose of promoting respect for the human rights of LGBTIQA+ people in Australia, and promoting the enjoyment and exercise of human rights by LGBTIQA+ people in Australia; (gf) to examine existing and proposed Commonwealth enactments for the purpose of ascertaining whether they recognise and protect the human rights of LGBTIQA+ people in Australia, and to report to the Minister th
    Anti-Discrimination Legislation Amendment (Sexual Orientation, Gender Identity and Sex Characteristics Discrimination Commissioner) introduced text
  6. Item 4 – Subsection 46PV(3)(e) 7. This item inserts the Sexual Orientation, Gender Identity and Sex Characteristics Discrimination Commissioner as a special-purpose Commissioner for the purposes of section 46PV. This would allow the Commissioner to join legal proceedings in the Federal Court and the Federal Circuit and Family Court of Australia (Division 2) as “amicus curiae” (i.e. a “friend of the Court”) in certain proceedings. This is a standard function of Commissioners.
    Anti-Discrimination Legislation Amendment (Sexual Orientation, Gender Identity and Sex Characteristics Discrimination Commissioner) explanatory memorandum
  7. (1) Despite the amendments of the Fair Work Act 2009 made by Schedule 1 to the Anti‑Discrimination Legislation Amendment (Sexual Orientation, Gender Identity and Sex Characteristics Discrimination Commissioner) Act 2026, the Fair Work Act 2009 continues to apply, on and after commencement, as if those amendments had not been made, in relation to the following: (a) an application made, or proceedings on foot, as at commencement; (b) an application for review of, or an appeal relating to, an application or proceedings referred to in paragraph (a) (whether the application for review was made, o
    Anti-Discrimination Legislation Amendment (Sexual Orientation, Gender Identity and Sex Characteristics Discrimination Commissioner) introduced text

Context

Broader context for this bill

Australia already had Commonwealth discrimination protections covering sexual orientation, gender identity and “intersex status”, but the bill’s explanatory memorandum says that label did not reflect the diverse people and sex characteristicsPhysical traits related to sex, including anatomy, chromosomes, genes, hormones and features that emerge during puberty. it was meant to protect, while LGBTIQA+Lesbian, gay, bisexual, transgender, intersex, queer and asexual people, and others outside heterosexual, cisgender or endosex categories. people lacked a dedicated Australian Human Rights Commission commissionerAn appointed official who protects and promotes rights in a particular area.. Against that background, Senator Nick McKim introduced this private senator’s bill to create a dedicated commissionerAn appointed official who protects and promotes rights in a particular area., broaden the language to “innate variations of sex characteristicsSex traits present from birth that differ from typical medical or social expectations for male or female bodies.” and give the role a stronger voice in courts and workplace equality processes.

  1. 20 Nov 2012

    Government announces protections for sexual orientation and gender identity

    The federal government announced an anti-discrimination overhaul that would expand protections for sexual orientation and gender identity and shift the burden of proof after a prima facie case.

    ABC News ↗
  2. 23 Mar 2024

    Report says Australia’s discrimination laws need fixing

    The Guardian reported that a new report said Australia’s religious and sex discrimination laws needed fixing, showing that concerns about the federal scheme remained unresolved.

    The Guardian ↗
  3. 30 June 2026

    Senator Nick McKim introduces a dedicated LGBTIQA+Lesbian, gay, bisexual, transgender, intersex, queer and asexual people, and others outside heterosexual, cisgender or endosex categories. commissionerAn appointed official who protects and promotes rights in a particular area. bill

    Senator Nick McKim introduced the private bill to create a dedicated Australian Human Rights Commission commissionerAn appointed official who protects and promotes rights in a particular area. and replace “intersex status” with “innate variations of sex characteristicsSex traits present from birth that differ from typical medical or social expectations for male or female bodies.” in federal law.

    Parliamentary timeline ↗

Legislative route

How did it move through Parliament?

House Senate
Introduced 30 June 2026

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 30 June 2026

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Key criticism

The main case against this bill

The evidence pack does not contain an opposing debate speech or any stated criticism of the bill. It contains the sponsor’s case for the bill and records that debate was adjourned.

The sponsor said the bill would close a gap in federal rights advocacy and use language requested by relevant community organisations.

Further sources

parlinfo.aph.gov.au ↗

Votes

Recorded votes

How the bill itself passed

These were the main recorded votes on the bill.

Carried

Proceed with Senator McKim’s anti-discrimination bill at its first-reading stage

Aye 35 No 6

Passed 35 to 6. Support came from Labor, Greens, and minor parties and independents. Opposition came from One Nation and UAP. One cross-floor vote was recorded: Alex Antic (Liberal) voted no. Liberal had split recorded votes.

30 June 2026

Party Recorded votes Aye / No
Labor 20 / 0
Greens 10 / 0
Liberal 4 / 1
One Nation 0 / 4
Independent 1 / 0
UAP 0 / 1

Amendments at a glance

Other recorded votes grouped by chamber. Expand a vote to see the party breakdown.

Senate

Carried

Give the anti-discrimination bill its first reading

Aye 35 No 8

Passed 35 to 8. Support came from Labor, Greens, and minor parties and independents. Opposition came from One Nation, Nationals, and UAP. One cross-floor vote was recorded: Alex Antic (Liberal) voted no. Liberal had split recorded votes.

30 June 2026

The procedural vote allowed the bill's introduction to proceed; it did not decide whether the Senate supported the bill itself.

Party Recorded votes Aye / No
Labor 20 / 0
Greens 10 / 0
Liberal 4 / 1
One Nation 0 / 4
Nationals 0 / 2
Independent 1 / 0
UAP 0 / 1

This list includes amendment votes, procedural votes and votes on the bill itself.

Parliamentary debate

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Nick McKim

Australian Greens • Senator 30 June 2026

McKim supports the bill because it would create a dedicated commissionerAn appointed official who protects and promotes rights in a particular area. to protect and advocate for LGBTIQA+Lesbian, gay, bisexual, transgender, intersex, queer and asexual people, and others outside heterosexual, cisgender or endosex categories. people, filling a gap in Commonwealth human rights advocacy and modernising terminology relating to sex characteristicsPhysical traits related to sex, including anatomy, chromosomes, genes, hormones and features that emerge during puberty..

Read in Hansard ↗

All speeches by bloc

Greens

1 speaker · 1 support

  1. Nick McKim ★ McKim supports the bill because it would create a dedicated commissionerAn appointed official who protects and promotes rights in a particular area. to protect and advocate for LGBTIQA+Lesbian, gay, bisexual, transgender, intersex, queer and asexual people, and others outside heterosexual, cisgender or endosex categories. people, filling a gap in Commonwealth human rights advocacy and modernising terminology relating to sex characteristicsPhysical traits related to sex, including anatomy, chromosomes, genes, hormones and features that emerge during puberty..
    “In 2013, amendments were made to the Sex Discrimination Act 1984 that added sexual orientation, gender identity and intersex status as protected attributes. These are currently the only attributes in the four main Commonwealth anti-discrimination laws that do not have a Commissioner attached to them. The Anti-Discrimination Legislation Amendment (Sexual Orientation, Gender Identity and Sex Characteristics Discrimination Commissioner) Bill 2026 fills this gap in human rights advocacy.”

    Australian Greens • Senator • 30 June 2026

    Read the full speech in Hansard ↗

Record

Full record

Full chat