Media statement – Mark Weaver, 1 October 2020
Statement re withdrawal of EO Tas complaint against Senator Chandler
Today I have contacted Equal Opportunity Tasmania to withdraw my complaint regarding a newspaper article written by Senator Claire Chandler and my subsequent correspondence with her on this matter.
It really threw me that a representative for Tasmania would see fit to use their time and platform to endorse the exclusion of transgender people in our community, and potentially embolden others to do the same.
Equal Opportunity Tasmania accepted my complaint and it was to proceed to a conciliation conference.
Rather than an adversarial courtroom setting, a conciliation conference provides a means to resolve the complaint by the complainant (me) and the respondent (Senator Claire Chandler) having a discussion mediated by the Equal Opportunity staff, with a view to building an understanding of different perspectives, finding common ground and a resolution that is satisfactory to both of us.
Confidentiality is essential to the process to ensure an open and frank conversation, and the Act says the conciliations are private and this is one of the strengths of this law, because it does not require parties to attend a costly, adversarial hearing, but rather encourages us to sit down together and listen to and hear how we understand the issues and the impacts.
I understand that, unfortunately, the Senator was unwilling to honour that privacy by signing the conciliation confidentiality agreement.
Equal Opportunity Tasmania cancelled the conciliation conference on this basis.
I had hoped as a result of conciliation, Senator Chandler would agree to meet with transgender and gender diverse Tasmanians, and their families and loved ones, to learn more about their experiences and how her policy ideas might affect them.
Tasmanians have already participated in a very public debate about gender identity in 2018 and 2019, when the merits of legislation allowing for people to amend their birth certificates to reflect their gender identity was discussed widely.
This legislation passed after extended debate in both the lower and upper house of the Tasmanian Parliament. Similar legislation has passed in the Australian Capital Territory, South Australia, Victoria and Northern Territory.
Key to passing that legislation were the heartfelt, personal stories of the discrimination and exclusion experienced by trans and gender diverse Tasmanians and their families.
I was hopeful Senator Chandler, as a representative for all Tasmanians, would listen to these voices and that they might convince her to reconsider her views.
But conciliation was the best opportunity to make this happen and now that opportunity has passed.
I am saddened by this because dialogue is the path to a more inclusive Tasmania, and no-one wins from polarisation and division.
Because conciliation and dialogue will no longer occur, and because I do not have the legal, financial or other resources of the Senator, I will withdraw my complaint rather than proceeding further.
My intent was to stand in solidarity with other Tasmanians I care about, as we have a responsibility to support each other as best we can, especially in tough times.
Every Tasmanian deserves to be treated with respect, dignity and fairness. We all deserve a fair go.
I thank all the Tasmanians who have put so much time, care and effort into making the world a better place for trans and gender diverse people.
