Take-home lessons for gay, lesbian, transgender and bisexual school students

Abstract

The take-home lesson from this survey of Australian anti-discrimination law is that the legislation offers only minimal protection to gay, lesbian, transgender or bisexual students who are verbal abused by other students. School students, apart from those in Tasmania, cannot be held liable for discrimination. Only the Northern Territory Act protects students from being harassed on the basis of their heterosexuality, homosexuality, bisexuality or transsexuality, but this is by educational authorities, not other students. Vilification on the grounds of a person’s sexual orientation, sexuality or transgender status is only prohibited in NSW, Queensland and Tasmania. School-based education on human rights and reform to the anti-discrimination legislation are needed.