Sexual Orientation
The Department is committed to the principle of equal opportunity in employment and to diversity and inclusion in the workplace. Equal opportunity means that all staff have the right to fair and equitable treatment. Diversity management emphasises the importance of valuing differences and maximising the benefits of diversity in a planned way.
The Equal Opportunity Act 1995 (Vic) makes it unlawful to discriminate against a person on the basis of their sexual orientation.
What is sexual orientation discrimination?
Sexual orientation discrimination occurs when a person is treated less favourably or unfairly because of their actual or assumed sexual orientation. The Equal Opportunity Act 1995 (Vic) specifies sexual orientation as an attribute protected from unlawful discrimination. The Act defines sexual orientation as homosexuality (including lesbianism), bisexuality or heterosexuality.
Department employees in same sex relationships
All Victorian couples, regardless of gender or marital status, have equal rights under the law. The Statute Law Amendment (Relationships) Act 2001 (Vic) and the Statute Law Further Amendment (Relationships) Act 2001 (Vic) replaced the term 'de facto spouse' with the term 'domestic partner', which covers all couples, regardless of their gender. These changes ensure that same sex couples have equal rights as other couples under the law.
The Public Sector Standards Commissioner Guidelines on Equal Employment Opportunity (2006) also recommends that an organisation’s definition of family should be broad enough to encompass the diverse family and cultural needs of employees, for example, same sex employees who may need to care for their partner. The Commissioner advises that the organisation’s definition of spouse or partner should not discriminate against de facto or same sex couples.
Staff in same sex relationships have equal access to leave policies such as carer’s leave, parental leave, compassionate leave and flexible work options.
Other Resources
Additional Information
- Victorian Equal Opportunity and Human Rights Commission brochure (http://www.equalopportunitycommission.vic.gov.au/publications/rights%20brochures/same%20sex%20relationships.asp#top)
- Human Rights and Equal opportunity Commission (http://www.hreoc.gov.au/HUMAN_RIGHTS/gay_lesbian/index.html)
Related Topics
Contact Information
Adriana Palamara
Manager, Diversity
email: palamara.adriana.a@edumail.vic.gov.au