The Australian Bureau of Statistics and Michael Sukkar, a former Morrison government minister, have been accused of breaching discrimination laws in their handling of the 2021 census.
In a complaint to the Australian Human Rights Commission, Newcastle parent April Long says they felt excluded when answering the 2021 survey with partner Kelly given there was no question about sexual orientation.
The 65-question census also asked a difficult question about the rainbow family’s baby Kaison.
“Kaison has two mums - I’m Mumma and Kelly is Mummy - but the form asked where Kaison’s mother and father were born,” Long said on Friday.
“Our initial reaction was shock. We were unable to complete it accurately. It didn’t capture us. It made us feel invisible and it didn’t count us.”
The complaint, backed by peak LGBTQ+ rights group Equality Australia, will likely add pressure on the Albanese government to include questions on gender and sexuality in the 2026 census.
After an initial consultation by the assistant minister for Treasury, Andrew Leigh, other LGBTQ+ stakeholders say the Albanese government has been non-committal on the inclusion of gender and sexuality questions despite the advocacy of assistant treasurer Stephen Jones before the election.
Long, a chief executive for a non-profit addiction program provider, said they filed a complaint on Thursday with the human rights commission alleging the failure to properly count LGBTQ+ people in the census amounted to unlawful discrimination.
Equality Australia, which joined as a co-complainant, said Long’s experience was replicated thousands of times with other LGBTQ+ people and their families on census night.
“The fact is we still don’t know how many LGBTIQ+ families there are in Australia, nor where they are located,” Ghassan Kassisieh, legal director at Equality Australia, said in a statement.
The complaint alleges the bureau of statistics and former assistant treasurer Sukkar engaged in deliberate conduct that meant the ABS “could not follow its own guidance” on the collection of data on sexual orientation, gender identity and sex characteristics.
In October 2019, Guardian Australia revealed the ABS had ditched preparations to ask about sexual orientation and gender identity in the census, despite the health minister Greg Hunt lobbying for their inclusion.
The ABS later told Senate estimates this was done following input from Sukkar’s office expressing a preference not to include them in a test.
Despite acknowledging two federal departments needed the data to deliver services and it would have “strong value across all levels of government”, the ABS opted not to include the questions citing likely public backlash.
On Friday, the ABS said it was committed to ensuring everyone could participate in the census and help deliver high-quality data for communities. The bureau noted the government of the day determined census topics.
It said it was “disappointed” to hear of Long’s concern and would work with them and Equality Australia.
“The ABS will provide full support to the AHRC in relation to any complaint and seek a resolution with concerned parties,” the bureau said in a statement.
The bureau will consult with LGBTQ+ communities and other stakeholders to understand data needs and potential topics and test any proposed changes for the 2026 census.
