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Contents (1977 - 48)
Anti-Discrimination Act 1977 No 48
Current version for 8 December 2016 to date (accessed 19 November 2017 at 22:56)
Part 4E
Part 4E Compulsory retirement from employment on the ground of age
49ZU   Application of Part
(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.
(2)  This Part applies despite any compulsory retirement age fixed by an award or agreement made before, on or after 1 January 1991. Section 54 does not affect the operation of this subsection.
(3)  In this Part:
award or agreement means an award or enterprise agreement within the meaning of the Industrial Relations Act 1996.
employed in the public sector means:
(a)  employed in the Public Service or the Teaching Service, or
(b)  employed in the NSW Police Force otherwise than as a police officer, or
(c)  employed in the service of a public authority, or
(d)  holding a statutory office.
employee includes a commission agent and a contract worker.
(4)  In the operation of this Part in relation to the retirement of an employee or class of employees, the meaning of retirement may vary according to the particular circumstances. However, the regulations may make provision for or with respect to circumstances which are to constitute retirement for the purposes of this Part or circumstances which are not to constitute retirement for such purposes or both.
49ZV   Compulsory retirement unlawful
It is unlawful for a person:
(a)  to retire an employee from employment, or
(b)  to require an employee to retire from employment, or
(c)  to threaten to retire an employee from employment, or
(d)  to engage in conduct with a view to causing an employee to retire from employment,
on the ground of the employee’s age.
49ZW   Provision requiring retirement on basis of age of no effect
(1)  A provision of an Act or statutory instrument which:
(a)  relates to a person employed in the public sector, and
(b)  requires the person to retire from, or to vacate, office on or after reaching a specified age,
is of no effect if, under this Part, it is unlawful for the person to be retired from employment.
(2)  This section applies except to the extent, if any, prescribed by regulation made under this Act.
(3)  Section 54 does not affect the operation of this section.
49ZX   Exceptions to this Part
This Part does not apply to the retirement of the following persons:
(a)  a judicial officer within the meaning of the Judicial Officers Act 1986,
(b)  Director of Public Prosecutions, Deputy Director of Public Prosecutions, Solicitor for Public Prosecutions, Crown Prosecutor, Senior Crown Prosecutor, Deputy Senior Crown Prosecutor, Public Defender, Senior Public Defender, Deputy Senior Public Defender, Solicitor General,
(c)  an officer who cannot be removed from office except following an address, declaration, resolution or other involvement of either or both of the Houses of Parliament and who is not appointed for a term,
(d)  a person or the holder of an office prescribed by regulation made under this Act.