Does not include amendments by: , Sch 2.1 [3] and so much of Sch 2.1 [5] as omits secs 97, 98, 100, 101A, 109 and 112 (not commenced) Administrative Decisions Legislation Amendment Act 1997 No 77, Sch 6.1 [1] (not commenced) Co-operative Housing and Starr-Bowkett Societies Act 1998 No 11
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires: accommodation includes residential or business accommodation.associate of a person means:
(a) any person with whom the person associates, whether socially or in business or commerce, or otherwise, and (b) any person who is wholly or mainly dependent on, or a member of the household of, the person. Board means the Anti-Discrimination Board constituted under this Act.commission agent means an agent who is remunerated by commission.contract worker means an employee who, under a contract of employment performs work for an employer who has undertaken to perform that work for another person.corporation has the same meaning as in the. Corporations Law council means a council or a county council within the meaning of the. Local Government Act 1993 Department andDepartment Head have the same meanings as they have in the. Public Sector Management Act 1988 Director means the Director of Equal Opportunity in Public Employment.disability means:
(a) total or partial loss of a person’s bodily or mental functions or of a part of a person’s body, or (b) the presence in a person’s body of organisms causing or capable of causing disease or illness, or (c) the malfunction, malformation or disfigurement of a part of a person’s body, or (d) a disorder or malfunction that results in a person learning differently from a person without the disorder or malfunction, or (e) a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. educational authority means a person or body administering a school, college, university or other institution at which education or training is provided.employment includes work under a contract for services.employment agency means a person who, for profit or not, provides services for the purpose of finding work or employment for others or for supplying employers with workers or employees.functions includes powers, authorities and duties.homosexual means male or female homosexual.industrial organisation means an industrial organisation within the meaning of theor an organisation registered under the Industrial Relations Act 1996 of the Commonwealth. Industrial Relations Act 1988 inquiry , in relation to the Tribunal, means an inquiry held under section 96.marital status means the status or condition of being:
(a) single, (b) married, (c) married but living separately and apart from one’s spouse, (d) divorced, (e) widowed, or (f) in cohabitation, otherwise than in marriage, with a person of the opposite sex. near relative , in relation to a person, means the spouse, parent, child, grandparent, grandchild, brother or sister of the person.President means the President of the Board.principal means:
(a) in relation to a commission agent, a person for whom work is done by that commission agent, or (b) in relation to a contract worker, a person for whom a contract worker performs work otherwise than under a contract of employment. private educational authority means a person or body administering a school, college, university or other institution at which education or training is provided, not being:
(a) a school, college, university or other institution established under the (by the Minister administering that Act), the Education Reform Act 1990 or an Act of incorporation of a university, or Technical and Further Education Commission Act 1990 (b) an agricultural college administered by the Minister for Agriculture. race includes colour, nationality, descent and ethnic, ethno-religious or national origin.recognised transgender person means a person the record of whose sex is altered under Part 5A of theor under the corresponding provisions of a law of another Australian jurisdiction. Births, Deaths and Marriages Registration Act 1995 registered club has the same meaning as in the. Registered Clubs Act 1976 Registrar means the Registrar of the Tribunal.regulation means a regulation made under this Act.relative of a person means any person to whom the person is related by blood, marriage, affinity or adoption.services includes:
(a) services relating to banking, insurance and the provision of grants, loans, credit or finance, (b) services relating to entertainment, recreation or refreshment, (c) services relating to transport or travel, (d) services of any profession or trade, (e) services provided by a council or public authority, (f) services consisting of access to, and the use of any facilities in, any place or vehicle that the public or a section of the public is entitled or allowed to enter or use, for payment or not. Tribunal means the Administrative Decisions Tribunal established by the. Administrative Decisions Tribunal Act 1997 vehicle includes a ship, an aircraft and a hovercraft.
(1) It is unlawful for a registered club to discriminate against a person who is not a member of the registered club on the ground of race:
(a) by refusing or failing to accept the person’s application for membership, or (b) in the terms on which it is prepared to admit the person to membership.
(1) It is unlawful for an employer to sexually harass:
(a) an employee, or (b) a person who is seeking employment with the employer. (2) It is unlawful for an employee to sexually harass a fellow employee or a person who is seeking employment with the same employer. (3) It is unlawful for a person to sexually harass:
(a) a commission agent or contract worker of the person, or (b) a person who is seeking to become a commission agent or contract worker of the person. (4) It is unlawful for a commission agent or contract worker to sexually harass a fellow commission agent or fellow contract worker.
(1) It is unlawful for a member of the staff of an educational institution to sexually harass:
(a) a person who is a student at the institution, or (b) a person who is seeking to become a student at the institution.
(1) A person ( the perpetrator ) discriminates against another person (the aggrieved person ) on the ground of sex if, on the ground of the aggrieved person’s sex or the sex of a relative or associate of the aggrieved person, the perpetrator:
(a) treats the aggrieved person less favourably than in the same circumstances, or in circumstances which are not materially different, the perpetrator treats or would treat a person of the opposite sex or who does not have such a relative or associate of that sex, or (b) requires the aggrieved person to comply with a requirement or condition with which a substantially higher proportion of persons of the opposite sex, or who do not have such a relative or associate of that sex, comply or are able to comply, being a requirement which is not reasonable having regard to the circumstances of the case and with which the aggrieved person does not or is not able to comply.
(1) It is unlawful for an employer to discriminate against a person on the ground of sex:
(a) in the arrangements the employer makes for the purpose of determining who should be offered employment, (b) in determining who should be offered employment, or (c) in the terms on which the employer offers employment. (1A) Nothing in subsection (1) renders unlawful discrimination by an employer against a woman on the ground of sex if, at the date on which the woman applied to the employer for employment or, where the employer interviewed the woman in relation to her application for employment, at the date of the interview, the woman is pregnant.
(1) Nothing in this Division renders unlawful discrimination against a person on the ground of the person’s sex where being a person of a particular sex is a genuine occupational qualification for the job.
(1) It is unlawful for an educational authority to discriminate against a person on the ground of sex:
(a) by refusing or failing to accept the person’s application for admission as a student, or (b) in the terms on which it is prepared to admit the person as a student.
(1) It is unlawful for a registered club to discriminate against a person who is not a member of the registered club on the ground of sex:
(a) by refusing or failing to accept the person’s application for membership, or (b) in the terms on which it is prepared to admit the person to membership. (2) It is unlawful for a registered club to discriminate against a person who is a member of a registered club on the ground of sex:
(a) by denying the person access, or limiting the person’s access, to any benefit provided by the registered club, (b) by depriving the person of membership or varying the terms of the person’s membership, or (c) by subjecting the person to any other detriment.
(1) It is unlawful for an employer to discriminate against a person on transgender grounds:
(a) in the arrangements the employer makes for the purpose of determining who should be offered employment, or (b) in determining who should be offered employment, or (c) in the terms on which employment is offered.
(1) A person ( the perpetrator ) discriminates against another person (the aggrieved person ) on the ground of marital status if, on the ground of the aggrieved person’s marital status or the marital status of a relative or associate of the aggrieved person, the perpetrator:
(a) treats the aggrieved person less favourably than in the same circumstances, or in circumstances which are not materially different, the perpetrator treats or would treat a person of a different marital status or who does not have such a relative or associate of that marital status, or (b) requires the aggrieved person to comply with a requirement or condition with which a substantially higher proportion of persons of a different marital status, or who do not have such a relative or associate of that marital status, comply or are able to comply, being a requirement which is not reasonable having regard to the circumstances of the case and with which the aggrieved person does not or is not able to comply.
(1) It is unlawful for an employer to discriminate against a person on the ground of marital status:
(a) in the arrangements the employer makes for the purpose of determining who shall be offered employment, (b) in determining who should be offered employment, or (c) in the terms on which the employer offers employment.
(1) A person ( the perpetrator ) discriminates against another person (the aggrieved person ) on the ground of disability if, on the ground of the aggrieved person’s disability or the disability of a relative or associate of the aggrieved person, the perpetrator:
(a) treats the aggrieved person less favourably than in the same circumstances, or in circumstances which are not materially different, the perpetrator treats or would treat a person who does not have that disability or who does not have such a relative or associate who has that disability, or (b) requires the aggrieved person to comply with a requirement or condition with which a substantially higher proportion of persons who do not have that disability, or who do not have such a relative or associate who has that disability, comply or are able to comply, being a requirement which is not reasonable having regard to the circumstances of the case and with which the aggrieved person does not or is not able to comply.
(1) It is unlawful for an employer to discriminate against a person on the ground of disability:
(a) in the arrangements the employer makes for the purpose of determining who should be offered employment, or (b) in determining who should be offered employment, or (c) in the terms on which the employer offers employment.
(1) It is unlawful for an educational authority to discriminate against a person on the ground of disability:
(a) by refusing or failing to accept his or her application for admission as a student, or (b) in the terms on which it is prepared to admit him or her as a student.
(1) It is unlawful for a person, whether as principal or agent, to discriminate against a person on the ground of disability:
(a) by refusing the person’s application for accommodation, or (b) in the terms on which the person is offered accommodation, or (c) by deferring the person’s application for accommodation or according the person a lower order of precedence in any list of applicants for that accommodation. (2) It is unlawful for a person, whether as principal or agent, to discriminate against a person on the ground of disability:
(a) by denying the person access, or limiting the person’s access, to any benefit associated with accommodation occupied by the person, or (b) by evicting the person, or (c) by subjecting the person to any other detriment.
(1) It is unlawful for a registered club to discriminate against a person who is not a member of the registered club on the ground of disability:
(a) by refusing or failing to accept the person’s application for membership, or (b) in the terms on which it is prepared to admit the person to membership.
(1) A reference in this Part to a person’s responsibilities as a carer is a reference to the person’s responsibilities to care for or support:
(a) any child or step-child of the person (whether or not under the age of 18 years) who is:
(i) wholly or substantially dependent on the person, or (ii) in need of care or support, or (b) any child or adult who is in need of care or support and:
(i) of whom the person is guardian, or (ii) for whom the person has parental responsibility under a law of the Commonwealth or this State, or (iii) in relation to whom the person is an authorised carer within the meaning of the , or Children and Young Persons (Care and Protection) Act 1998 (c) any immediate family member of the person who is in need of care or support, being one of the following:
(i) a spouse or former spouse of the person or of a spouse or former spouse of the person, (ii) a grandchild or step-grandchild of the person or of a spouse or former spouse of the person, (iii) a parent or step-parent of the person or of a spouse or former spouse of the person, (iv) a grandparent or step-grandparent of the person or of a spouse or former spouse of the person, (v) a brother or sister, or step-brother or sister, of the person or of a spouse or former spouse of the person.
(1) It is unlawful for an employer to discriminate against a person on the ground of the person’s responsibilities as a carer:
(a) in the arrangements the employer makes for the purpose of determining who should be offered employment, or (b) in determining who should be offered employment, or (c) in the terms on which the employer offers employment.
(1) It is unlawful for an employer to discriminate against a person on the ground of homosexuality:
(a) in the arrangements the employer makes for the purpose of determining who should be offered employment, (b) in determining who should be offered employment, or (c) in the terms on which the employer offers employment.
(1) This Part applies to and for the benefit of employees specified in the following paragraphs on and from the dates specified:
(a) 1 January 1991—persons who are employed in the public sector, other than persons specified in paragraph (c), (b) 1 January 1992—employees of a council, (c) 1 January 1993—persons who are:
(i) employed in the public sector in fire fighting or fire prevention, or (ii) employed at a State coal mine under the , Electricity (Pacific Power) Act 1950 (d) 1 January 1993—all other employees in New South Wales whether or not employed subject to an award or agreement.
(1) Nothing in this Division renders unlawful discrimination against a person on the ground of the person’s age if being a person of a particular age or age group is a genuine occupational qualification for the job.
(1) It is unlawful for an educational authority to discriminate against a person on the ground of age:
(a) by refusing or failing to accept the person’s application for admission as a student, or (b) in the terms on which it is prepared to admit the person as a student.
(1) It is unlawful for a registered club to discriminate against a person (not being a person under the age of 18 years) on the ground of age:
(a) by refusing or failing to accept the person’s application for membership of the club, or (b) in the terms on which it is prepared to admit the person to membership of the club.
(1) In this section:
(a) advertisement , without affecting the generality of the expression, includes any notice, sign, label, circular and any similar thing, and includes any matter that is not writing but which, by reason of the form or context in which it appears, conveys a message, and(b) a reference to the publishing of an advertisement is a reference to the publishing of the advertisement by any means including the publishing thereof in a newspaper or periodical, by radio or television broadcast or in a film.
(1) An act done by a person as the agent or employee of the person’s principal or employer which if done by the principal or employer would be a contravention of this Act is taken to have been done by the principal or employer also unless the principal or employer did not, either before or after the doing of the act, authorise the agent or employee, either expressly or by implication, to do the act.
(1) The President may be appointed on a full-time or part-time basis. (2) A President appointed on a full-time basis shall devote the whole of his or her time to the duties of his or her office and shall be entitled to be paid:
(a) remuneration in accordance with the , and Statutory and Other Offices Remuneration Act 1975 (b) such travelling and subsistence allowances as the Minister may from time to time determine in respect of him or her.
(1) The Minister may appoint an acting President to act during the absence of the President or during a vacancy in the President’s office.
(1) In this section, superannuation scheme means a scheme, fund or arrangement under which any superannuation or retirement benefits are provided and which is established by or under any Act.
(1) The procedure for the calling of meetings of the Board and for the conduct of business at those meetings shall, subject to this Act, be as determined by the Board.
(1) Except as provided by this section, a complaint in writing in respect of any contravention of this Act or the regulations which is alleged to have been committed by a person (other than a contravention in respect of which a specific penalty is imposed) may be lodged with the President by:
(a) a person on the person’s own behalf, or (b) a person on the person’s own behalf and on behalf of another person or other persons, or (c) 2 or more persons on their own behalf, or (d) 2 or more persons on their own behalf and on behalf of another person or other persons. (1A) A complaint may be lodged under subsection (1) by a representative body on behalf of a named person or named persons, but only if the representative body has satisfied the President that:
(a) each person on whose behalf the complaint is lodged consents to the complaint being lodged by the body on his or her behalf, and (b) the body has a sufficient interest in the complaint. (1B) A representative body has a sufficient interest in a complaint only if the conduct that constitutes the alleged contravention concerned is a matter of genuine concern to the body because of the way conduct of that nature adversely affects or has the potential to adversely affect the interests of the body or the interests or welfare of the group of people it represents. (1C) The President may require a representative body which has lodged a complaint to nominate a person to appear for the representative body in conciliation proceedings concerning the complaint before the President. (1D) A vilification complaint cannot be lodged under this section unless each person on whose behalf the complaint is lodged:
(a) has the characteristic that was the ground for the conduct that constitutes the alleged contravention concerned, or (b) claims to have that characteristic and there is no sufficient reason to doubt that claim.
(1) The President:
(a) after investigating a vilification complaint, and (b) before endeavouring to resolve the complaint by conciliation, shall consider whether an offence may have been committed under section 20D, 38T, 49ZTA or 49ZXC in respect of the matter the subject of the complaint.
(1) The President may decide not to proceed with a complaint if satisfied that the person or (in the case of a complaint made on behalf of more than one person) each person on whose behalf the complaint was made does not wish to proceed with the complaint, in which case no further action is required to be taken on the complaint.
(1) Where the President has given a complainant a notification under section 89B (4) or 90 (1), the complainant may, within 21 days after the date on which that notification was given, by notice in writing served on the President, require the President to refer the complaint to the Tribunal.
(1) The President may, with the concurrence of the Minister, designate an officer of the Board for the purposes of this section. (2) The President may, by instrument in writing, delegate to an officer designated for the purposes of this section the exercise of such one or more of the President’s functions under sections 88 (4), 89, 92 and 93 as may be specified in the instrument. (3) An officer who is a delegate of the President under this section is, while the delegation remains unrevoked, an officer of the President.
(1) Where, at any stage of an inquiry, the Tribunal is satisfied that a complaint is frivolous, vexatious, misconceived or lacking in substance, or that for any other reason the complaint should not be entertained, it may dismiss the complaint.
(1) After holding an inquiry, the Tribunal may:
(a) dismiss the complaint the subject of that inquiry, or (b) find the complaint substantiated and do any one or more of the following:
(i) except in respect of a representative complaint or a matter referred to the Tribunal for inquiry as a complaint pursuant to section 95, order the respondent to pay to the complainant damages not exceeding $40,000 by way of compensation for any loss or damage suffered by reason of the respondent’s conduct, (ii) make an order enjoining the respondent from continuing or repeating any conduct rendered unlawful by this Act or the regulations, (iii) except in respect of a representative complaint or a matter referred to the Tribunal for inquiry as a complaint pursuant to section 95, order the respondent to perform any reasonable act or course of conduct to redress any loss or damage suffered by the complainant, (iiia) in respect of a vilification complaint, order the respondent to publish an apology in respect of the matter the subject of the complaint or order the respondent to publish a retraction in respect of the matter (or order both) and, as part of the order, give directions concerning the time, form, extent and manner of publication of the apology or retraction (or both), (iiib) in respect of a vilification complaint, order the respondent to develop and implement a program or policy aimed at eliminating unlawful discrimination, (iv) make an order declaring void in whole or in part and either ab initio or from such other time as is specified in the order any contract or agreement made in contravention of this Act or the regulations, or (v) decline to take any further action in the matter.
(1) The Minister may appoint an acting Director during the absence of the Director or during a vacancy in the Director’s office.
(1) The functions of the Director are:
(a) to advise and assist authorities in relation to management plans, (b) to evaluate the effectiveness of management plans in achieving the objects of this Part, and (c) to make reports and recommendations, at least once in each year, to the Minister as to:
(i) the operation of management plans, and (ii) such matters as the Director thinks appropriate relating to the objects of this Part.
(1) Each authority shall prepare and implement an equal employment opportunity management plan in order to achieve the objects of this Part. (2) The management plan of an authority shall include provisions relating to:
(a) the devising of policies and programmes by which the objects of this Part are to be achieved, (b) the communication of those policies and programmes to persons within the authority, (c) the collection and recording of appropriate information, (d) the review of personnel practices within the authority (including recruitment techniques, selection criteria, training and staff development programmes, promotion and transfer policies and patterns, and conditions of service) with a view to the identification of any discriminatory practices, (e) the setting of goals or targets, where these may reasonably be determined, against which the success of the management plan in achieving the objects of this Part may be assessed, (f) the means, other than those referred to in paragraph (e), of evaluating the policies and programmes referred to in paragraph (a), (g) the revision and amendment of the management plan, and (h) the appointment of persons within the authority to implement the provisions referred to in paragraphs (a)–(g).
(1) For the purposes of an investigation, the Board may require the Director and an authority:
(a) to answer any question, (b) to give it a statement of information, (c) to produce to it any document or other thing, or (d) to give to it a copy of any document.
(1) The Minister may make an arrangement with a Commonwealth Minister for or in relation to the performance by the State, or by an authority of the State, on behalf of the Commonwealth of functions (including functions of the Human Rights and Equal Opportunity Commission) relating to the promotion of the observance of human rights.
(1) The Minister on the recommendation of the Board, may, by order published in the Gazette, grant an exemption from this Act or the regulations or such parts of this Act or the regulations as are specified in the order in respect of:
(a) a person or class of persons, (b) an activity or class of activity, or (c) any other matter or circumstance specified in the order.
(1) Nothing in Parts 3–4C renders unlawful anything done by a person in good faith for the purposes of or in the course of any program or activity for which certification is in force under this section as a special needs program or activity. (2) The Minister may certify a program or activity to be a special needs program or activity if satisfied that its purpose or primary purpose is the promotion of access, for members of a group of persons affected by any form of unlawful discrimination to which this Act applies in an area of discrimination to which this Act applies, to facilities, services or opportunities to meet their special needs or the promotion of equal or improved access for them to facilities, services and opportunities.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Before making a recommendation to the Governor for the making of any regulation, the Minister shall take into consideration any recommendation of the Tribunal or the Board with respect to the subject-matter of the proposed regulation.
(Section 128)