The Equal Opportunity Commission is a member of the Australian Council of Human Rights Authorities (ACHRA) which comprises Australia’s State, Territory and Federal human rights and anti-discrimination authorities.
On 27 August 2024 ACHRA wrote to Assistant Minister Leigh to express its concern regarding the decision not to proceed with the proposed changes to the 2026 Census to capture data on gender, sexual orientation and variations in sex characteristics. The letter highlighted the critical need for this data to enable governments and service providers to understand where engagement and supports are needed to create an inclusive and healthy community.
The concern raised by ACHRA resonates with concerns raised by members of the LGBTIQ+ community. Equality Australia emphasised the importance of including LGBTIQ+ people in the census, with chief executive, Anna Brown stating that “Trans and gender diverse people and those with innate variations of sex characteristics deserve to be recognised as much as anyone else.” In addition to the fact that the census enables the government to gather basic data about our nation that is meaningful and useful, Brown argues that including LGBTIQ+ people in the census would bring Australia into line with similar liberal democracies such as the United Kingdom, Canada and New Zealand.
It is heartening that there were many voices calling for the collection of this data as part of the 2026 Census, that they were heard, and the decision partially reversed.
Amplification of these voices, including that of Dr Bridget Haire, a senior research fellow at the Kirby Institute who has worked with the Australian Bureau of Statistics during the past five years to help develop the questions, has been assisted by prominent media coverage. The ABC News website reported: “Dr Haire said it was really important in framing the questions that ‘first of all, you don't offend people, but also that you ask a question in the way that people know what it means’”.
I am of the view that it is possible in Australia for the Bureau of Statistics to frame a census question or questions about variations of sex characteristics that will not offend and will provide essential information for Australia. I encourage the Bureau to do so, and I encourage the Federal Government to allow the Bureau to ask appropriate questions about sex characteristics.
