Australian Human Rights Commission Information for LOI – Australia, 29 August 2016 5 Protection against discrimination Concluding Observation para 14; ICESCR Article 2(2) 25. In 2013 the Sex Discrimination Act 1984 (Cth) was amended to include protections against discrimination on the basis of sexual orientation, gender identity and intersex status.11 26. During the 2015 UPR process the Australian Government made a voluntary commitment to removing exemptions for Australian state and territory laws from the operation of Australia’s national anti-discrimination laws. This commitment took effect from 31 July 2016, as prescribed by the Sex Discrimination Regulations 1984 (Cth) reg 5(2). 27. The Commission is concerned that some state and territory laws remain inconsistent with the protections against discrimination on the basis of sexual orientation, gender identity and intersex status in the Sex Discrimination Act 1984 (Cth). 28. Issue for consideration in the LOI: Information on progress made by state and territory governments to make legislation consistent with federal protections against discrimination on the basis of sexual orientation, gender identity and intersex status in the Sex Discrimination Act 1984 (Cth). 6 Aboriginal and Torres Strait Islander peoples 29. A recurring theme during Australia’s second cycle UPR was the unacceptable level of disadvantage experienced by Aboriginal and Torres Strait Islander peoples. Countries called upon Australia to ensure the full and effective implementation of the UN Declaration on the Rights of Indigenous Peoples, ensure Constitutional recognition, address disparities in health, education and employment, and address access to justice.12 Recommendations also concerned meaningful consultation with Aboriginal and Torres Strait Islander peoples in programs and policies that affect them.13 30. The Commission notes that the bulk of the recommendations were accepted on the basis of existing law, policy and action. The Commission is concerned that given the acceptance of many of the UPR recommendations on the basis of existing law, policy and action, the lack of improvement in employment and school attendance indicators will continue. 6.1 National Aboriginal and Torres Strait Islander representative body and ILO Convention 169 Concluding Observation para 15 (b), (c) & (d); ICESCR Article 2(2) 31. The Australian Government has wound back funding support for the National Congress of Australia’s First Peoples, a national NGO voice for Aboriginal and Torres Strait Islander peoples. Funding for Congress ends mid-2017.14 6