A Whole-of-Government Framework for Lesbian, Gay, Bisexual, Transgender and Intersex Tasmanians
May2012
Community Development Division
Department of Premier and Cabinet
A Whole-of-Government Framework for Lesbian, Gay, Bisexual, Transgender and Intersex Tasmanians
Table of Contents
Introduction
Use of Government Services by LGBTI Tasmanians
The Changing Service Delivery and Legislative Environment
The Framework
Aim
Principles
Strategies
Strategy 1Partnership and consultation with LGBTI communities in the process of developing, delivering and evaluating policies, programs and services
1.1 Whole of Government Reference Group
1.2 Agency working groups
1.3 Non-Government Service Providers
Strategy 2Improve LGBTI awareness and professional development to promote delivery of appropriate and relevant services
2.1 LGBTI Recruitment and Career Development
2.2 LGBTI Awareness Training and Professional Development
2.3 Comprehensive and Appropriate Information on Services
ATTACHMENT 1
Milestones
Introduction
The Tasmanian Government is committed to fostering an inclusive and vibrant Tasmaniain which sexual and gender diversity is embraced, anddiscrimination and prejudice on the grounds of sexual orientation and gender identity is not accepted. Tasmania is enriched by the full participation of all community members, includinglesbian, gay, bisexual, transgender and intersex (LGBTI) Tasmanians, in all aspects of community life, government decision making and service delivery.
In December 2004 the Tasmanian Government released the Whole-of-Government Framework for LGBTI Tasmanians (the Framework) as a way of achieving greater inclusion, equity and participation for LGBTI Tasmanians. The Framework recognises thatgovernment services should be inclusive of, and accessible and responsive to LGBTI Tasmanians. Through the Framework, the Tasmanian Government is committed to developing policies, initiatives and strategies with the participation of LGBTIcommunities at all levels.
At the time the Framework was released, the Tasmanian Gay and Lesbian Rights Group (TGLRG), as well as other organisations and individuals, had been instrumental in achieving legislative reform in recognition of the rights and needs of LGBTI people in Tasmania. A ten-year campaign by the TGLRG and others culminated in the decriminalisation of homosexual acts between consenting adults on 1 May 1997.
Since then a number of legislative reforms that recognise the diverse nature of sexual and gender identity have been enacted, including the Anti-DiscriminationAct1998, the
StateServiceAct2000and the Relationships Act 2003.
The Anti-Discrimination Act 1998 prohibits discrimination and related conduct against people on the basis of their sexual orientation, transgender status and/or relationship status. This prohibition includes actions in relation to employment, accommodation, education and training and service delivery.
The RelationshipsAct2003 gives effect to the Government’s intention to remove discrimination against same-sex couplesin recognition of their relationships. The Act creates a category of ‘significant relationship’ applicable to unmarried adult couples, including same sex couples. It also creates a category of ‘caring relationship’ between two adults, one or both of whom provide domestic support and personal care to the other, allows for the registration of significant and certain caring relationships; and assigns to significant and caring relationships the property and maintenance rights and obligations which attach to married and de facto relationships.
In 2011 the LGBTI Whole-of-Government Reference Group, which has responsibility for overseeing the implementation of the Framework, was re-formed to include
non-government representatives nominated by LGBTI community organisations. The Framework was reviewed in 2011-12 by the re-formed Whole of Government Reference Group.
The Government is confident that its commitment to improving outcomes and opportunities for LGBTI people is shared by the broader Tasmanian community.
Tasmania Together, the community’s plan for the future of Tasmania, includes the following goal:
- Vibrant, inclusive and growing communities where people feel valued and connected (Goal 5).
Under this goal Standard 5.6 defines the following aim:
- Foster an inclusive, compassionate and respectful community that values diversity.
Tasmania Together provides specific targets to guide the Government and community to achieve better outcomes in relation to these goals. For example, it aims to achieve:
- An increase in the percentage of teachers who have received professional development training in sexuality and gender identity related discrimination and harassment (Indicator 5.6.3).
- An increase in the percentage of Tasmanians who agree that Tasmanians are accepting of diversity, including people from different ethnic groups, religionsand people’s sexual orientation (Indicator 5.6.4).
- A reduction in the number of complaints to the Anti-Discrimination Commissioner on the grounds of sexual orientation (Indicators 5.6.5 and 5.6.6).
The whole-of-government policy framework will assist in providing better avenues of consultation with LGBTI communities and more integrated and responsive services for LGBTITasmanians. This includes working with LGBTI communities to identify other existing data sources and address data gaps, both quantitative and qualitative, to better inform service responses and measure outcomes.
Use of Government Services by LGBTITasmanians
There is very limited data available on the utilisation rates of many Government services by LGBTI Tasmanians.
A range of factors affect the use of Government services by LGBTI Tasmanians, including:
- experiences of discrimination;
- life issues associated with coming out;
- safe opportunities to identify;
- fear of misunderstanding, ignorance, labelling and/or hostility
- fear of authority;
- lack of recognition of gender diverse and same-sex attracted people;
- lack of recognition of relationships;
- lack of recognition of diverse caring and parenting roles; and
- absence of LGBTI identity in government information and promotional materials.
The Changing Service Delivery and Legislative Environment
The Tasmanian Government has responsibility for delivering services to all Tasmanians, including LGBTI people, across a range of areas.
Delivering on the objectives of this Framework requires service delivery agencies to develop stronger relationships with LGBTI communities. In addition, it may require specific forums and agency workinggroups to be created to identify and help develop solutions to particular service access and delivery issues, and to provide input to legislative, program and policy development and reform.
The Framework
Aim
The Framework aims to enhance access to and use of State Government services by Tasmania’s LGBTIcommunities through providing these services in more appropriate and effective ways.
The Framework will provide a guide for existing and future programs and policies through a set of principles and strategies for conducting business.
Principles
The following principles will guide the development and implementation of policies, programs and services delivered toLGBTI Tasmanians:
- recognition of diversity of sexual and gender identity;
- recognition that LGBTI Tasmanians share many of the same needs, entitlements and aspirations as other Tasmanians, should be able to equally access the same services and that equal access may require different and/or flexible responses to be implemented;
- recognition that the needs and aspirations of LGBTI Tasmanians, and the services they require, may differ from other Tasmanians;
- effective consultation with LGBTI communities;
- involvement of LGBTI communitiesaspartners in the design and delivery of policies, programs and services;
- effective cooperation between and coordination across Government agencies and other service providers at all levels to allow optimum outcomes to be achieved;
- evaluation of the effectiveness of initiatives for planning service delivery (evidence-based approach), while at the same time allowing the flexibility to try innovative approaches;
- ensuring best practice in service delivery, government policy, project and program development;
- reporting on outcomes and progress; and
- recognition and celebration of successful outcomes.
Strategies
Two broad strategies have been identified to achieve the aim of the Framework.
Strategy 1Partnership and consultation with LGBTI communities in the process of developing, delivering and evaluating policies, programs and services
1.1 WholeofGovernment Reference Group
The Government has established a whole of government reference group to assist implementation of the Framework and improve partnerships and consultation with LGBTI communities.
Terms of Reference
The Director of the Community Development Division in the Department of Premier and Cabinet will convene and Chair the Government Reference Group (GRG). The GRG will provide advice and leadership to government agencies on:
- whole-of-government planning and policy relating to how services should be provided to be inclusive of members of Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) communities;
- the outcomes and effectiveness of the Whole-of-Government Framework for Lesbian, Gay, Bisexual, Transgender and Intersex Tasmanians and policies that are implemented at agency level to improve service delivery outcomes for members of LGBTI communities; and
- progress towards achieving Tasmania Together benchmarks relevant to LGBTI communities.
The GRG will not consider agency specific issues, which are more appropriately considered by the AgencyWorking Groups, or issues relating to specific individuals or LGBTI organisations.
The GRG will provide advice and information to the Minister for Community Development on the implementation of the Framework and the delivery of services to members of LGBTI communities. Where appropriate or requested, briefings will be provided to Cabinet.
In addition to the Department of Premier and Cabinet (Chair), the GRG membership will include:
- representatives from the Departments of Justice, Education, Health and Human Services and Police and Emergency Management at a seniorlevel;
- a senior representative from the Public Sector Management Office (to attend when employment related issues are to be considered);
- other agencies as required (to attend when agency-relevant issues are placed to be considered); and
- non-government participants nominated by LGBTI community organisations.
State Government agency representatives will be required to have an understanding of the range of services delivered by their agency, both services specifically targetingLGBTI communities and more broadly, and any specific initiatives that have or may be implemented to improve service delivery and outcomes for LGBTI Tasmanians.
Representatives nominated by LGBTI communityorganisations will:
- offer expertise, advice and knowledge to the GRG about issues affecting LGBTI Tasmanians;
- report on issues of relevance to their respective networks;
- assist in monitoring the implementation of the Framework; and
- identify issuesthat require a whole-of-government response, strategy, guidance or leadership, and contribute to solutions for consideration by the GRG, noting that issues relating to services provided by individual agencies are to be dealt with by agency working groups.
The GRG will meet up to three times per year.
Secretariat support will be provided by the Community Development Division of the Department of Premier and Cabinet.
1.2 Agency working groups
Where appropriate, government agencies will establish workinggroups to address issues that are specific to the agency's services, programs and strategies. Agency working groups will be time-limited and solution-focused.
Non-government members of the GRG (or their delegates) will assist agency working groups by contributing to solutions to identified issues and providing advice and expertise in developing new policies and programs where required.
The GRG may refer relevant issues to agency working groups for consideration.Agency working groups may also refer relevant issues, requiring a strategic, whole of government response, to the GRG for consideration.
1.3 Non-Government Service Providers
The Tasmanian Government funds non-government service providers to deliver a range of services to the community. There are clear benefits in non-government service providers, as well as Government agencies, involving LGBTI communities more closely in the development and delivery of services.
This can be achieved through agencies working with relevant non-government providers to increase LGBTI participation in program development.
It may also include amending service agreements and grants deeds to:
- promote access and equity for LGBTI Tasmanians; and
- promote LGBTI awareness training and professional development for non-government organisation staff and volunteers.
Strategy 2Improve LGBTI awareness and professional development to promote delivery of appropriate and relevant services
2.1 LGBTI Recruitment and Career Development
The Tasmanian Government is committed to the principles of workplace diversity. Not only is this consistent with principles of non-discrimination and equal employment opportunity, but also the presence within workplaces of such diversity can be a significant enabler of positive change to policy, programs and service delivery, particular where the diversity of workplace participants feel welcome, included and respected.
Under section 8 of the StateServiceAct2000(the Act), Heads of Agencies must uphold, promote and apply the State Service Principles that are found in clause 7 of the Act. The following Principles are especially relevant to the diversity policies of Agencies:
- merit based employment (7(1)(b));
- non-discrimination and diversity (7(1)(c));
- provision of a fair, flexible, safe and rewarding workplace (7(1)(i)); and
- equity in employment (7(1)(k)).
A Head of Agency must ensure that measures are taken to eliminate employment related disadvantage in either gaining employment or developing full potential as an employee on the basis of gender, race, disability, sexuality, age, linguistic or cultural background, or Aboriginality. The State Service Commissioner has responsibility for analysing and reporting on comparative agency performance.
2.2LGBTI Awareness Training and Professional Development
LGBTI awareness training and professional development for State Service staff is a core mechanism for achieving the objectives of the Framework.
State Service officers and employees have responsibilities under the State Service Code of Conduct set out in section9 of the Act:
- an employee, when acting in the course of State Service employment, must treat everyone with respect and without harassment, victimisation or discrimination; and
- an employee must behave in a way that upholds the State Service Principles.
For this reason,agency staff involved in recruitment and in developing or delivering policies, programs and services should be provided with LGBTI awareness training and professional development opportunities. Training should be available for all staff levels within the organisation. It is recognised that some agencies have been actively providing such training within their organisations.
Information on arange of courses and providers is available through the
Training Consortium in the Public Sector Management Office of the Department of the Premier and Cabinet. LGBTI cultural awareness training is also available through the training unit ofthe Office of the Anti-Discrimination Commissioner.
2.3 Comprehensive and Appropriate Information on Services
The State Government has a responsibility to providecomprehensive, clear and appropriate information toLGBTI Tasmanians about the range of government services and programs available and how these can be accessed.
ATTACHMENT 1
Milestones
Strategy 1Partnership and consultation with LGBTI communities in the process of developing, delivering and evaluating policies, programs and services
Milestone / Responsibility / To be ImplementedWorking Groups established where required / Individual agencies / As required
Service agreements with non-government organisations reviewed and necessary amendments identified / Individual agencies and contracted non-government service providers / Within 12 months
Strategy 2Improve LGBTI awareness and professional development to promote delivery of appropriate and relevant services
Milestone / Responsibility / To be Implemented:LGBTI awareness training and professional development plan developed by each agency / Individual agencies in consultation with The Training Consortium or the Office of the
Anti-Discrimination Commissioner / Within 12 months
Information about agencies’ services and funded programs reviewed to ensure it is inclusive of and accessible to LGBTI Tasmanians. / Individual agencies through agency workinggroups / As required