Discrimination complaints help drive wider social change in Australia

Australia’s 2026 Census has marked a significant change in how the nation collects information about its population, with people aged 16 and over asked about sexual orientation and gender for the first time.

The Australian Bureau of Statistics (ABS) says the new questions are designed to provide a clearer picture of Australia’s LGBTQ+ population and help governments and community organisations plan health and other services.

The change followed years of advocacy by LGBTIQA+ organisations and supporters, including a discrimination complaint made after the 2021 Census.

According to Australian Human Rights Commission President Hugh de Kretser, the case involving Newcastle resident April Long and advocacy organisation Equality Australia demonstrates how discrimination complaints can sometimes contribute to broader changes beyond providing a remedy to an individual.

Long and Equality Australia complained to the Australian Human Rights Commission about the lack of meaningful questions covering sexual orientation and gender diversity in the Census.

The complaint led to a conciliation process involving the parties. An agreed outcome included the establishment of an expert advisory committee involving LGBTQIA+ representatives to provide advice on topics and questions for the 2026 Census.

The ABS subsequently developed and tested questions on gender and sexual orientation. The Australian Government ultimately decided in 2025 to include the new topic in the 2026 Census for people aged 16 and over.

The 2026 Census, held on 11 August, now includes questions about sex recorded at birth, gender and sexual orientation. Respondents have the option not to provide an answer to the new questions.

However, the change does not cover every issue raised by LGBTIQA+ advocates. Variations of sex characteristics, commonly associated with intersex populations, were not included as a Census topic.

From individual complaints to systemic change

De Kretser has argued that discrimination complaints should not be viewed only as individual cases seeking compensation or redress.

He points to another example involving Connor McLeod, who was blind and complained about difficulties distinguishing Australian banknotes. His complaint contributed to the introduction of tactile features on Australian banknotes, improving accessibility for people with vision impairment.

The examples highlight how complaints about discrimination can sometimes expose weaknesses in broader systems and lead to changes that benefit people beyond the original complainant.

At the same time, human rights advocates have warned against relying on individuals who experience discrimination to carry the responsibility for changing unfair systems.

The Human Rights Commission has advocated for stronger obligations on organisations to prevent discrimination before harm occurs.

Australia already has a positive duty under the Respect@Work reforms requiring employers to take proactive steps to prevent sexual harassment, sex discrimination, sexist conduct and related victimisation in workplaces.

The Commission has argued that similar preventive obligations should be expanded to other areas, including disability, race and age discrimination.

The 2026 Census provides one example of how community advocacy, complaints and institutional processes can contribute to changes in national policy and data collection.

For LGBTQ+ Australians, the inclusion of sexual orientation and gender questions represents a significant change in official statistics, although advocates continue to call for further improvements to ensure Australia’s population is fully represented in national data.

Source: Australian Human Rights Commission; Australian Bureau of Statistics; Equality Australia.

:President/Media