Anti-Discrimination Act 1977
| Anti-Discrimination Act 1977 | |
|---|---|
 |
|
| Parliament of New South Wales | |
| An Act to render unlawful racial, sex and other types of discrimination in certain circumstances and to promote equality of opportunity between all persons. | |
| Citation | 1977 No 48 |
| Date of Royal Assent | 28 April 1977 |
| Date commenced | 1 June 1977 |
| Administered by | Department of Justice |
| Legislative history | |
| Bill | Anti-Discrimination Bill |
| Status: Current legislation | |
The New South Wales Anti-Discrimination Act 1977 is an Act of the NSW Parliament, relating to discrimination in employment, the public education system, delivery of goods and services, and other services such as banking, health care, property and night clubs.
The Act prohibits unlawful racial, sexual and other types of discrimination in certain circumstances and promotes equality of opportunity for all people
The Act covers the following types of discrimination:
- Sex (including breastfeeding, pregnancy and sexual harassment)
- Disability (including past, present or future disability and also includes actual or perceived HIV status)
- Race (including ethno-religion)
- Sexuality (actual or perceived)
- Marital or domestic status
- Age (present or future)
- Transgender (including transsexuality)
- Religion
- Carer’s responsibilities (but only within employment).
Contents
Development of the NSW Anti-Discrimination Act 1977
The Act was granted Royal Assent on 28 April 1977 and came into effect on 1 June 1977. It was the 48th Act of 1977. Since then the Act has been amended and reformed about 90 times.[1][2]
Anti-Discrimination Board of NSW
The Anti-Discrimination Board of NSW was set up under the NSW Anti-Discrimination Act 1977 to promote anti-discrimination and equal opportunity principles and policies throughout NSW and to administer the Act.
Functions of the Board
The Anti-Discrimination Board of NSW handles complaints of discrimination made by members of the public, investigating and conciliating complaints when appropriate.
It also works to prevent discrimination by means of consultations, education programs, seminars, presentations, media and community engagement, and informational materials.
In addition, the Board advises the Government on discrimination matters and makes recommendations to the Attorney General on some applications for exemption from the Act.[3]
Making a complaint
The Board accepts complaints from
- individuals who have been discriminated against, harassed or vilified;
- a group of people who have been discriminated against, harassed or vilified.
A lawyer, or organisations such as unions and other representative bodies, are able to make a complaint on behalf of the complainant. In certain circumstances, a person can make a complaint on behalf of a child or a person with a disability if they cannot do it themselves.
Once the Board receives the complaint in writing, it will assess the complaint to determine whether it is covered under the Anti-Discrimination Act. If the Board considers the complaint to be covered by the Act, further information is sought from the complainant and a copy of the complaint is sent to the respondent. The respondent is given time to respond in writing and the response is then provided to the complainant for comment. Often complaints are resolved at this point. If not, the next step is a conciliation conference.
If the complaint is not resolved at the conference, then
- both parties can continue negotiations after the conciliation conference;
- the complainant can withdraw the complaint;
- the complainant can ask the President of the Board to refer the complaint to the Administrative Decisions Tribunal as being unable to be conciliated; or
- the President may decline the complaint as lacking in substance.
Office of Director of Equal Opportunity in Public Employment
The Office of Director of Equal Opportunity in Public Employment (ODEOPE) administrates Part 9A of the Act, which pertains to Equal Employment Opportunity (EEO) across the public sector.
