The McGowan/Cook government is coming to an end its second term with the election this Saturday.
Brian Greig from Just.Equal reviews its performance and looks at what we might expect if it’s re-elected.
In this scorecard report on the government’s performance, he looks at six key policy areas of interest to the LGBTIQA+ communities.
1. Law Reform of the Equal Opportunity Act
The review of the Equal Opportunity Act called for updates to:
- Protect LGBTIQA+ teachers and students in faith schools
- Protect LGBTIQA+ staff and clients in faith-based community services (health, age care, disability services, charities, employment service providers)
- Anti-vilification / hate speech laws
- Fully include trans and gender diverse persons within the scope of the Act
Attorney General Quigley called for this review by the Equal Opportunity Commission after pressure from activists in 2017, but allowed it to drag on for almost four years. The final recommendations were solid and Quigley committed to them.
Nothing happened. Premier Cook vowed to implement these reforms during this term of government but dumped that promise in early 2023. He expressed concern that he didn’t want any “controversial issues going into the election.”
This is worrying because the government had a huge majority in both houses and total control of parliament. If it’s nervous about passing LGBTIQA+ law reform under these conditions, it will be even more timid after the election with a reduced majority, the likelihood that the Catholic Right of the party will have greater influence, the rise of Trumpian anti-LGBTIQA+ prejudice around the globe, and the uncertainty of Upper House numbers.
Devil in the details
While Labor MPs keep assuring us that it’s “committed” to these reforms, the Premier refuses to give details or answer direct questions.
If this sounds familiar, Labor made the same promises at the last election. It should be noted that the 2023 State Labor Platform commits to protecting students in faith schools, but is silent on teachers.
The EOC recommendations calls for protections of both students AND teachers, and Quigley “committed” to this. However, there appears to be enough political wriggle-room in the gap between the State Platform and the EOC report for Labor to abandon teachers in faith schools.
As a community we must be on the lookout for any “bait and switch”, where the new Attorney General (Quigley is not re-standing), suddenly announces that they do not endorse the comments of the previous AG and attempts to throw LGBTIQA+ teachers under the bus.
These overdue reforms are not just about employment and enrolment practices, but mental health. Something the Labor keeps saying it cares about.
Score: 0/10
2. Transgender Law Reform
After some outcry over Labor dumping its commitment to law reforms this term – it slightly back-flipped and agreed to progress long overdue changes to the state’s identity processes for trans and gender diverse persons.
It abolished the Gender Reassignment Board and set in place a more reasonable procedure for trans and gender diverse persons to attain appropriate identity documents.
However, in an unexpected move the Bill took WA backwards from other states by refusing to allow trans folk to self-identify. There was no good reason for this. It was not best practice. It was thrust upon our communities as a fait accompli.
I have spoken of this before, and warned that if WA went backwards on self-identity, then NSW would quickly copy-cat. Sadly, that’s exactly what happened.
Lobbyists close to this issue have expressed the hope that these glitches in the legislation might be repaired in three years’ time following a review of the Act. I regard that as extremely unlikely. We only had one shot at law reform, and history teaches us that it will be a long time before the opportunity comes around again.
3. Conversion practices
WA is one of only two states that have not banned conversion practices. Although it must be said “bans” in Queensland and South Australia are so badly written they are effectively useless.
While the state government has been full of rhetoric about banning conversions it produced no legislation, saying, “it ran out of time.” This is just another way of saying it gave no priority to the issue.
It seems likely Labor will address this if re-elected, but again, the devil will be in the detail. In Queensland, the ban only covers medical settings, not religious settings. Given that 90 per cent of conversions are done by church groups – that lets them off the hook.
In South Australia, conversions are allowed if done only once – which forces religious groups to intensify conversion sessions for maximum impact (harm) at the first go. It also limits the time period for survivors to lodge a complaint to just one year.
Given it can takes years, or decades, for traumatised survivors to come forward, just like rape survivors, this appalling loophole lets religious groups get away with untold damage to members of the LGBTIQA+ community.
Delay creates path to best-practice Bill
Only a Bill as strong as exists in Victoria, ACT and NSW will be effective in WA, and our community must demand similar safeguards and benchmarks. Our legislation should also go further, and provide for restitution (compensation), claimable from perpetrators. This task is ahead of us.
While the delay in this reform is regrettable, it does give us the opportunity to get the Bill right. Especially around broadening the legislation to address suppression of sexuality and gender identity and the way it is being used to harm people who are transgender.
Score: 4/10 (To acknowledge talks underway to create the right Bill).
3. Surrogacy
Labor had promised that this term it would end the discrimination against same-sex couples accessing surrogacy to start a family. It didn’t deliver. It has promised (in writing) to enact this reform promptly if re-elected.
Score: 3/10 (To acknowledge the written confirmation).
4. Blood donation
Remember this one? At the last election, Roger Cook was Health Minister and appeared to be taking a leading role nationally in advocating blood donation reform. Namely, ending the gay blood ban. When given the opportunity to raise this federally, he dropped the issue. As Premier, his silence continues.
Score: 0/10
5. Intersex Law Reform
The State Government has a blind-spot here. It has no policy on Intersex reform (banning unnecessary non-consensual surgery), and has made no commitments. To be fair, this is a relatively new area of reform emerging nationwide thanks to Intersex advocates.
However, much more work needs to be done here to bring this issue to the attention of MPs and into the policy mix of party platforms and election pledges.
If the government continues to claim support for the LGBTIQA+ community, it needs to demonstrate what exactly it offers for the “I” in this cohort.
Score: 0/10
6. General advocacy
Apart from legislation, LGBTIQA+ people like to feel engaged and supported when it matters.
When Labor dumped all of its law reform commitments for this term, it tried to soften the blow by throwing some money at LGBTIQA+ community groups. This is a common tactic used by State Labor governments. It keeps lobby groups busy fussing about constitutions, committee appointees and funding allocations, distracting attention away from law reform failures.
These funding sugar-hits are never sustainable, and they often compromise LGBTIQA+ groups by muting criticism of the government.
Yes, some good may come from it. But none of the (rather meagre) funding Labor has provided will do anything to protect LGBTIQA+ students and teachers in faith schools or staff in faith services. It won’t advance hate speech laws, ban conversion practices or protect trans folk under the Equal Opportunity Act. Only law reform will do this.
Ally silence
It has also been deeply disappointing to see Labor MPs ‘missing in action’ when there was a crying need for them to speak out. Despite having five LGBTIQA+ MPs in parliament, not one of them corrected Quigley when he repeatedly misinformed the community about teachers/students in faith schools.
Not one of them denounced Quigley who (twice) conflated male sex offenders with trans women. Not one of them criticised the Premier for dumping his pledge to pass reforms this term, and not one of them opposed the trans-law reforms for taking WA backwards on self-identity.
When nasty transphobia and general anti-LGBTI sentiment blew up in Albany with the book-banning brigade, there was silence from Labor MPs.* The Premier finally spoke out (only when asked by media), but his response was largely to defend librarians. And he described the hateful comments from Dr Thomas Bough as “inappropriate” (not wrong or harmful) .
*[It is noted that David Templeman MLA, and Albany MLA Rebecca Stephens, gave some late night speeches to an empty chamber in Parliament house, mocking Albany Liberal candidate, Dr Thomas Brough, for his anti-LGBTI comments. However, no MPs were on the ground in Albany publicly defending our community in the media or at ratepayer meetings where the fear-mongering was generated. Templeman later ‘withdrew’ calling Brough a “dickhead”. Stephens, belatedly, issued a statement which also expressed concern for library staff, yet managed to completely avoid mentioning transphobia, homophobia and LGBTIQA+ people.]
MPs love to have their photo taken handing over a cheque to an LGBTIQA+ community group, launching (yet another), research program into LGBTIQA+ health or Marching in Pride. But this self-promotion is meaningless without law reform and full-throated advocacy.
Score: 4/10.
Don’t waste your vote this Saturday. Be sure to choose parties and candidates who are genuine about these issues. That includes the Legislative Council (Upper House), where the progressive numbers will be critical to law reform.
In the next parliament, we must close the gap between MPs appearing to support us and actually doing so.
Brian Greig is the WA convener of LGBTIQA+ rights group Just.Equal.
