(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 theof the Commonwealth. Corporations Act 2001 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 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.(2) A reference in this Act to the exercise of a function includes, where that function is a duty, a reference to the performance of that duty.
(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) This section applies to the provisions of Division 2 (Discrimination in work), other than sections 49H, 49I and 49J.
(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 employed in the public sector in fire fighting or fire prevention, (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) When a complaint is made on behalf of another person or persons ( the other complainants ):
(a) the person who makes the complaint is, for the purposes of this Division, taken to have the same rights, obligations and interests with respect to the investigation, conciliation or referral of the complaint as the other complainants, and (b) the complaint is, for the purposes of this Part, taken to have been made by the other complainants on their own behalf.
(1) The President is to determine whether or not a complaint made to the President is to be accepted or declined, in whole or in part.
(1) The President may, by notice in writing, require a complainant or a person against whom a complaint is made to provide:
(a) information (orally or in writing), or (b) documents, (such information or documents, or both, being referred to in this section as the relevant material ) within 28 days after the date of the notice or such other period as the President determines and specifies when making the requirement.
(1) The President:
(a) after investigating a vilification complaint, and (b) before endeavouring to resolve the complaint by conciliation, is to 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) If the President is of the opinion that a complaint, other than a complaint that the President has declined under section 92, may be resolved by conciliation, the President may, at his or her discretion, at any stage after acceptance of the complaint endeavour to resolve the complaint by conciliation. (2) The President may, by notice in writing, require the complainant and the respondent, or either of them, to appear before the President, either separately or together, for the purpose of endeavouring to resolve the complaint by conciliation. (3) A person must not fail to comply with the terms of a notice under subsection (2). Maximum penalty: 50 penalty units, in the case of a body corporate, or 10 penalty units in any other case.
(1) If, at any time after a complaint is made and before the complaint is declined, terminated or otherwise resolved by the President, or referred to the Tribunal:
(a) the person making the complaint seeks to amend the complaint, or (b) the President becomes aware of information that could conveniently be dealt with as part of the complaint, the person making the complaint is to be offered the opportunity to amend the complaint.
(1) A person who has made a complaint, other than a representative complaint, may at any time, by notice in writing lodged with the President, withdraw the complaint.
(1) If a complaint has not been declined, terminated or otherwise resolved within 18 months after the date on which it was made, a party to the complaint may request the President by notice in writing to refer the complaint to the Tribunal.
(1) A complaint that is referred to the Tribunal on the requirement of a complainant under section 93A (1), but not including a complaint to which section 91 (2) applies, may not be the subject of proceedings before the Tribunal without the leave of the Tribunal.
(1) A party to proceedings before the Tribunal relating to a complaint:
(a) is entitled to appear personally or, if the party is a corporation, by a director, the secretary, or an agent of the corporation, and (b) if the party is not a corporation, may, by leave of the Tribunal, be represented by an agent.
(1) In proceedings relating to a representative complaint, the Tribunal is to determine, as a preliminary matter, whether the complaint should be dealt with as a representative complaint.
(1) In proceedings relating to a complaint, the Tribunal may:
(a) dismiss the complaint in whole or in part, or (b) find the complaint substantiated in whole or in part. (2) If the Tribunal finds the complaint substantiated in whole or in part, it may do any one or more of the following:
(a) except in respect of a matter referred to the Tribunal under section 95 (2), order the respondent to pay the complainant damages not exceeding $40,000 by way of compensation for any loss or damage suffered by reason of the respondent’s conduct, (b) make an order enjoining the respondent from continuing or repeating any conduct rendered unlawful by this Act or the regulations, (c) except in respect of a representative complaint or a matter referred to the Tribunal under section 95 (2), order the respondent to perform any reasonable act or course of conduct to redress any loss or damage suffered by the complainant, (d) order the respondent to publish an apology or a retraction (or both) in respect of the matter the subject of the complaint and, as part of the order, give directions concerning the time, form, extent and manner of publication of the apology or retraction (or both), (e) in respect of a vilification complaint, order the respondent to develop and implement a program or policy aimed at eliminating unlawful discrimination, (f) make an order declaring void in whole or in part and either ab initio or from such time as is specified in the order any contract or agreement made in contravention of this Act or the regulations, (g) decline to take any further action in the matter.
(1) This section applies to an order, or part of an order, of the Tribunal other than an order, or part of an order, for the recovery of an amount ordered to be paid by the Tribunal or a civil or other penalty ordered to be paid by the Tribunal.
(1) The Board may develop and promote codes of practice.
(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) This section applies to every person who is or has been:
(a) a member of the Board, or (b) an officer of the Board within the meaning of section 86 (2), or (c) an officer of the President within the meaning of section 94C (2), or (d) any other person acting under the authority of the Board. (2) This section applies to information concerning the affairs of any person that is or has been obtained by a person to whom this section applies:
(a) in the course of exercising functions under this Act, or (b) as a result of another person exercising functions under this Act, unless the information is otherwise publicly available or is information the disclosure of which is authorised or required under a provision of another Act.
(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)