42 Lowy Institute, ‘Immigration and Refugees’, Lowy Institute Poll 2019 (Web Page) <https://lowyinstitutepoll.lowyinstitute.org/themes/immigration-and-refugees/#section-attitudes-to-immigration>. 43 Kevin Dunn et al, The resilience and ordinariness of Australian Muslims: Attitudes and experiences of Muslims Report, (Report, November 2015) 27; Derya Iner (ed), Islamophobia in Australia II (2016-2017) (Report, 2019). 44 Diversity Council Australia, ‘The Facts on Victorian African Crime’ (Position Statement, 3 September 2018); All Together Now, Social commentary and racism in 2019 (Report, 2019) 19. 45 See, Attorney-General’s Department, Australia's Universal Periodic Review (Report, 15 September 2015). 46 See, ‘Terms of Reference’, Royal Commission into Aged Care Quality and Safety (Web Page, 6 December 2018). 47 See, Royal Commission into Aged Care Quality and Safety, Interim Report (Report, 31 October 2019). 48 See, Australian Government Productivity Commission, Report on Government Services 2020 (Report, 23 January 2020). 49 Older Australians are assessed as having a functional decline in their abilities by the Australian Government prior to being placed on the waitlist. This may trigger incompatibilities with ICRPD articles 25 or 26. 50 See, Human Rights Watch, "Fading Away": How Aged Care Facilities in Australia Chemically Restrain Older People with Dementia (Report, 25 October 2019). 51 Susan Ryan, ‘Commissioner’s Foreword’ in Australian Human Rights Commission, Willing to Work: National Inquiry into Employment Discrimination Against Older Australians and Australians with Disability (Report, 2016). Australia must improve age-discrimination experienced by older workers in the area of recruitment. Almost one in three managers report that they would not employ someone over a certain age, with two thirds saying that age is 50, see, COTA for older Australians, ‘MEDIA RELEASE: Survey shows ageism alive and well among Australian employers’ (Media Release, 1 November 2018). Discrimination against older workers is also prevalent in insurance. Many insurance products such as workers compensation and workers compensation stop at age 65 despite notional retirement age moving to 67 by 2023. 52 Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth). 53 Requirements that a person must divorce their spouse prior to updating their legal gender on birth certificates have been removed in all states and territories: Australian Capital Territory (‘ACT’) (2006), South Australia (‘SA’) (2016), New South Wales (‘NSW’) (2018), Queensland (‘Qld’) (2018), Northern Territory (‘NT’) (2018), Victoria (‘Vic’) (2019), Tasmania (‘Tas’) (2019) and Western Australia (‘WA’) (2019). Requirements that a person must undergo sexual reassignment surgery or medical intervention prior to updating their legal gender have been removed in ACT (2014), SA (2016), NT (2018), Vic (2019), Tas (2019), and partially, in WA (2011). 54 Vic (2016), Qld (2016), SA (2017) and NT (2018), which joined WA (2002), ACT (2004), NSW (2010) and Tas (2013). 55 Tas (2017), Qld (2017), WA (2018) and NT (2018), which joined SA (2013), NSW (2014), Vic (2014) and ACT (2015). 56 Vic (2016, with further reforms under consideration), ACT (proposed 2020) and Qld (proposed 2020). 57 There is evidence that discrimination, harassment and violence against lesbian, gay, bisexual, transgender and intersex (LGBTI) Australians was in fact exacerbated by the Australian Government’s insistence in 2017 on conducting a non-binding and constitutionally unnecessary national postal survey on same-sex marriage, as a precondition for allowing a vote on legislation in parliament: see, Senate Finance and Public Administration References Committee, Parliament of Australia, Arrangements for the postal survey (Report, February 2018) 23–27 [4.3] – [4.15], 33–34[5.8] – [5.12], see also Dissenting Report by Government Senators 48 [1.56]; Stefano Verrelli et al, ‘Minority stress, social support, and the mental health of lesbian, gay, and bisexual Australians during the Australian Marriage Law Postal Survey’ (2017) 54(4) Australian Psychologist 336; Cristen Tilley and Nathan Hoad, ‘Keeping Track of the Ugly Side of the Same-Sex Marriage Debate’, ABC News (online, 26 October 2017). 58 Ibid; Australian Human Rights Commission, Resilient Individuals: Sexual Orientation Gender Identity & Intersex Rights: National Consultation Report (Report, 2015); William Leonard et al, Private Lives 2: The second national survey of the health and wellbeing of gay, lesbian, bisexual and transgender (GLBT) Australians (Report, Australian Research Centre in Sex, Health & Society, La Trobe University, 2012) 45; Intersex Human Rights Australia, Submission to the Australian Human Rights Commission, Protecting the Human Rights of People Born with Variations in Sex Characteristics in the context of medical interventions (30 September 2018) (‘IHRA Submission’). 59 NSW, Qld and WA. 60 Committee on the Elimination of Discrimination against Women, Concluding Observations on the Eighth Periodic Report of Australia, UN Doc CEDAW/C/AUS/CO/8 (25 July 2018); Committee on the Rights of the Child, Concluding Observations on the Combined Fifth and Sixth Periodic Reports of Australia, UN Doc CRC/C/AUS/CO/5-6 (1 November 2019); Office of the High Commissioner for Human Rights, Background Note on Human Rights Violations against Intersex People (2019); IHRA Submission (n 58); AIS Support Group Australia, Submission to the Australian Human Rights Commission, Protecting the Human Rights of People Born with Variations in Sex Characteristics (29 September 2018) . In this regard, the 2013 Australian Senate recommendations on ending forced and medical interventions on children with intersex variations remain unimplemented: see Senate Community Affairs References Committee, Parliament of Australia, Involuntary or coerced sterilisation of intersex people in Australia (Second Report, 25 October 2013). 61 Ibid; See also Committee on the Rights of Persons with Disabilities, Concluding Observations on the Combined Second and Third Reports of Australia, UN Doc CRPD/C/AUS/CO/2-3 (15 October 2019) (‘CPRD Concluding Observations on Australia’). 62 Recognising that the needs, characteristics and human rights situations of populations of diverse sexual orientations, gender identities, gender expressions and sex characteristics are distinct from each other, the data on each population must be collected and managed in a manner consistent with ethical, scientific and human rights standards and made available in a disaggregated form. See Yogyakarta Principles Plus 10, Principle 19, (I). 63 Kerry Robinson et al., ‘Growing up Queer: Issues facing Young Australians who are Gender Variant and Sexuality Diverse’ (Report, Young and Well Co-operative Research Centre, February 2014). 64 There are serious concerns with the implementation of the current National Disability Strategy (2010-2020), that were most recently raised by the Committee on the Rights of Persons with Disabilities (CRPD). See CPRD Concluding Observations on Australia, UN Doc CRPD/C/AUS/CO/2-3 (n 61). See also Australian Civil Society CPRD Shadow 28