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Contents (1977 - 48)
Anti-Discrimination Act 1977 No 48
Current version for 15 June 2018 to date (accessed 22 July 2018 at 06:56)
Part 6
Part 6 General exceptions to this Act
54   Acts done under statutory authority
(1)  Nothing in this Act renders unlawful anything done by a person if it was necessary for the person to do it in order to comply with a requirement of:
(a)  any other Act, whether passed before or after this Act,
(b)  any regulation, ordinance, by-law, rule or other instrument made under any such other Act,
(c)  an order of the Tribunal,
(d)  an order of any court, not including an order or award of a court or tribunal having power to fix minimum wages and other terms and conditions of employment, or
(e)    (Repealed)
(2)    (Repealed)
(3)  Except as provided in this section, this Act has effect notwithstanding anything contained in:
(a)–(c)    (Repealed)
(c1)  the Co-operatives (Adoption of National Law) Act 2012 and the Co-operatives National Law (NSW),
(d), (e)    (Repealed)
or any instrument of whatever nature made or approved thereunder.
55   Charities
(1)  Nothing in this Act affects:
(a)  a provision of a deed, will or other instrument, whether made before or after the day appointed and notified under section 2 (2), that confers charitable benefits or enables charitable benefits to be conferred on persons of a class identified by reference to any one or more of the grounds of discrimination referred to in this Act, or
(b)  an act which is done in order to give effect to such a provision.
(2)  In this section, charitable benefits means benefits for purposes that are exclusively charitable according to the law in force in any part of Australia.
56   Religious bodies
Nothing in this Act affects:
(a)  the ordination or appointment of priests, ministers of religion or members of any religious order,
(b)  the training or education of persons seeking ordination or appointment as priests, ministers of religion or members of a religious order,
(c)  the appointment of any other person in any capacity by a body established to propagate religion, or
(d)  any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.
57   Voluntary bodies
(1)  In this section, body means a body, the activities of which are carried on otherwise than for profit and which is not established by an Act, but does not include:
(a)  a co-operative registered under the Co-operatives National Law (NSW) or a society under the Friendly Societies Act 1989, or
(b)  a friendly society registered under the Friendly Societies Act 1989, or
(c)  a building society or credit union registered under the Financial Institutions (NSW) Code, or
(d)  a co-operative housing society registered under the Co-operative Housing and Starr-Bowkett Societies Act 1998, or
(e)  a registered club.
(2)  Nothing in this Act affects:
(a)  any rule or practice of a body which restricts admission to membership of that body, or
(b)  the provision of benefits, facilities or services to members of that body.
58   (Repealed)
59   Establishments providing housing accommodation for aged persons
Nothing in this Act affects any rule or practice of an establishment which provides housing accommodation for aged persons, whether by statute or otherwise, whereby admission to the establishment is restricted to persons of a particular sex, marital or domestic status or race.
59A   Adoption services
(1)  Nothing in Part 3A or 4C affects any policy or practice of a faith-based organisation concerning the provision of adoption services under the Adoption Act 2000 or anything done to give effect to any such policy or practice.
 Section 8 (1) (a) of the Adoption Act 2000 requires decision makers to follow the principle that, in making a decision about the adoption of a child, the best interests of the child, both in childhood and in later life, must be the paramount consideration.
(2)  Subsection (1) does not apply to discrimination against any child who is or may be adopted.
(3)  In this section, faith-based organisation means an organisation that is established or controlled by a religious organisation and that is accredited under the Adoption Act 2000 to provide adoption services.