ANTI-DISCRIMINATION ACT 1977
- As at 1 July 2024 - Act 48 of 1977Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement 3. (Repealed)
- 4 Definitions
- 4A Act done because of unlawful discrimination and for other reasons
- 4B References to certain employers
- 5 Act binds Crown
PART 2 - RACIAL DISCRIMINATION
Division 1 - General
6. (Repealed)Division 2 - Discrimination in work
- 8 Discrimination against applicants and employees
- 9 Discrimination against commission agents
- 10 Discrimination against contract workers
- 10A Partnerships
- 10B Discrimination by local government councillors
- 11 Industrial organisations
- 12 Qualifying bodies
- 13 Employment agencies
- 14 Exception--genuine occupational qualification
- 15 Exception--employment intended to provide training in skills to be exercised outside New South Wales
- 16 Exception--employment on ship or aircraft
Division 3 - Discrimination in other areas
- 17 Education 18. (Repealed)
- 19 Provision of goods and services
- 20 Accommodation
- 20A Registered clubs
Division 3A - Racial vilification
Division 4 - Exceptions to Part 2
PART 2A - PROHIBITION OF SEXUAL HARASSMENT
- 22A Meaning of "sexual harassment"
- 22B Harassment of employees, commission agents, contract workers, partners etc
- 22C Harassment by members of qualifying bodies
- 22D Harassment in employment agencies
- 22E Harassment at educational institutions
- 22F Provision of goods and services
- 22G Provision of accommodation
- 22H Land
- 22I Sport
- 22J State laws and programs
PART 3 - SEX DISCRIMINATION
Division 1 - General
Division 2 - Discrimination in work
- 25 Discrimination against applicants and employees
- 26 Discrimination against commission agents
- 27 Discrimination against contract workers
- 27A Partnerships
- 27B Discrimination by local government councillors
- 28 Industrial organisations
- 29 Qualifying bodies
- 30 Employment agencies
- 31 Exception--genuine occupational qualification
Division 3 - Discrimination in other areas
- 31A Education 32. (Repealed)
- 33 Provision of goods and services
- 34 Accommodation
- 34A Registered clubs
Division 4 - Exceptions to Part 3
- 35 Pregnancy, childbirth and breastfeeding
- 36 Superannuation
- 37 Insurance etc
- 38 Sport
PART 3A - DISCRIMINATION ON TRANSGENDER GROUNDS
Division 1 - General
Division 2 - Discrimination in work
- 38C Discrimination against applicants and employees
- 38D Discrimination against commission agents
- 38E Discrimination against contract workers
- 38F Partnerships
- 38G Discrimination by local government councillors
- 38H Industrial organisations
- 38I Qualifying bodies
- 38J Employment agencies
Division 3 - Discrimination in other areas
- 38K Education 38L. (Repealed)
- 38M Provision of goods and services
- 38N Accommodation
- 38O Registered clubs
Division 4 - Exceptions to Part 3A
Division 5 - Transgender vilification
PART 4 - DISCRIMINATION ON THE GROUND OF MARITAL OR DOMESTIC STATUS
Division 1 - General
- 39 What constitutes discrimination on the ground of marital or domestic status
Division 2 - Discrimination in work
- 40 Discrimination against applicants and employees
- 41 Discrimination against commission agents
- 42 Discrimination against contract workers
- 42A Partnerships
- 42B Discrimination by local government councillors
- 43 Industrial organisations
- 44 Qualifying bodies
- 45 Employment agencies
- 46 Exception--employment of married couple
Division 3 - Discrimination in other areas
Division 4 - Exception to Part 4
- 49 Superannuation
PART 4A - DISCRIMINATION ON THE GROUND OF DISABILITY
Division 1 - General
- 49A Disability includes past, future and presumed disability
- 49B What constitutes discrimination on the ground of disability
- 49C What constitutes unjustifiable hardship
Division 2 - Discrimination in work
- 49D Discrimination against applicants and employees
- 49E Discrimination against commission agents
- 49F Discrimination against contract workers
- 49G Partnerships
- 49H Discrimination by local government councillors
- 49I Industrial organisations
- 49J Qualifying bodies
- 49K Employment agencies
Division 3 - Discrimination in other areas
- 49L Education 49LA. (Repealed)
- 49M Provision of goods and services
- 49N Accommodation
- 49O Registered clubs
Division 4 - Exceptions to Part 4A
PART 4B - DISCRIMINATION ON THE GROUND OF A PERSON'S RESPONSIBILITIES AS A CARER
Division 1 - General
- 49S Meaning of "responsibilities as a carer"
- 49T What constitutes discrimination on the ground of a person's responsibilities as a carer
- 49U What constitutes unjustifiable hardship
Division 2 - Discrimination in work
- 49V Discrimination against applicants and employees
- 49W Discrimination against commission agents
- 49X Discrimination against contract workers
- 49Y Partnerships
- 49Z Discrimination by local government councillors
- 49ZA Industrial organisations
- 49ZB Qualifying bodies
- 49ZC Employment agencies
PART 4BA - RELIGIOUS VILIFICATION
PART 4C - DISCRIMINATION ON THE GROUND OF HOMOSEXUALITY
Division 1 - General
Division 2 - Discrimination in work
- 49ZH Discrimination against applicants and employees
- 49ZI Discrimination against commission agents
- 49ZJ Discrimination against contract workers
- 49ZK Partnerships
- 49ZKA Discrimination by local government councillors
- 49ZL Industrial organisations
- 49ZM Qualifying bodies
- 49ZN Employment agencies
Division 3 - Discrimination in other areas
Division 4 - Homosexual vilification
- 49ZS Definition
- 49ZT Homosexual vilification unlawful 49ZTA. (Repealed)
PART 4E - COMPULSORY RETIREMENT FROM EMPLOYMENT ON THE GROUND OF AGE
- 49ZU Application of Part
- 49ZV Compulsory retirement unlawful
- 49ZW Provision requiring retirement on basis of age of no effect
- 49ZX Exceptions to this Part
PART 4F - HIV/AIDS VILIFICATION
PART 4G - AGE DISCRIMINATION
Division 1 - General
- 49ZYA What constitutes discrimination on the ground of age
Division 2 - Discrimination in work
- 49ZYB Discrimination against applicants and employees
- 49ZYC Discrimination against commission agents
- 49ZYD Discrimination against contract workers
- 49ZYE Partnerships
- 49ZYF Industrial organisations
- 49ZYG Qualifying bodies
- 49ZYH Employment agencies
- 49ZYI Junior employees
- 49ZYJ Exception--genuine occupational qualification
- 49ZYK Exception--voluntary retirement or severance schemes
Division 3 - Discrimination in other areas
- 49ZYL Education 49ZYM. (Repealed)
- 49ZYN Provision of goods and services
- 49ZYO Accommodation
- 49ZYP Registered clubs
Division 4 - Exceptions to Part 4G
- 49ZYQ Legal capacity and welfare of children
- 49ZYR Special needs programs and activities
- 49ZYS Superannuation
- 49ZYT Provision of insurance
- 49ZYU Credit applications
- 49ZYV Safety procedures
- 49ZYW Sport
- 49ZYX Certain activities or matters may be prescribed to be lawful
- 49ZYY Operation of Part 4E not affected
PART 5 - OTHER UNLAWFUL ACTS
- 50 Victimisation
- 51 Advertisements
- 52 Aiding and abetting etc
- 53 Liability of principals and employers
PART 6 - GENERAL EXCEPTIONS TO THIS ACT
- 54 Acts done under statutory authority
- 55 Charities
- 56 Religious bodies
- 57 Voluntary bodies 58. (Repealed)
- 59 Establishments providing housing accommodation for aged persons
- 59A Adoption services PARTS 7, 7A - (Repealed) None
PART 8 - THE ANTI-DISCRIMINATION BOARD
- 70 Definition
- 71 Constitution of Board
- 72 Appointment of members
- 73 Term of office
- 74 Eligibility for appointment to Board
- 75 Vacation of office
- 76 Removal from office
- 77 Filling casual vacancy
- 78 Member not subject to Government Sector Employment Act 2013
- 79 Remuneration of members other than the President
- 80 President
- 81 Acting President
- 82 Alternate members 83. (Repealed)
- 84 Preservation of rights of President who was previously public servant
- 85 Meetings of the Board
- 86 Staff
PART 9 - THE FUNCTIONS OF THE PRESIDENT, THE TRIBUNAL AND THE BOARD
Division 1 - Preliminary
- 87 Definitions
Division 2 - Complaints--the functions of the President
Subdivision 1 - Lodgment of complaints- 87A Persons who may make a complaint
- 87B Complaints made on behalf of others
- 87C Complaints by representative bodies
- 88 Vilification complaints
- 88A Assistance by President in making complaints
- 88B Making of complaints in more than one jurisdiction
- 88C Withdrawal of consent for complaint Subdivision 2 - Making of complaints
- 89 Form and content of complaints
- 89A Making of complaint
- 89B Acceptance or declining of complaints by the President 89C. (Repealed) Subdivision 3 - Investigation and conciliation of complaints
- 90 President to investigate complaints
- 90A Investigation of vilification complaints
- 90B Supplying information and documents
- 90C Progress reports
- 91 91A. Resolution of complaint by conciliation
- 91B No right to representation
- 91C Amendment of complaint Subdivision 4 - Declining of complaints during investigation
- 92 President may decline complaint during investigation Subdivision 5 - Termination of complaints
- 92A Settlement or resolution of complaint
- 92B Withdrawal of complaint
- 92C Abandonment of complaint
- 93 Death of complainant or respondent does not terminate complaint Subdivision 6 - Referral of complaints to Tribunal
- 93A Referral of complaints to Tribunal at requirement of complainant
- 93B Referral of unresolved complaints to Tribunal after 18 months
- 93C Other referral of complaints to Tribunal
- 94 Severing complaints
- 94A Form of complaint to be referred to Tribunal Subdivision 7 - Miscellaneous
- 94B Calculation of time
- 94C Delegation--officers of President
Division 3 - Complaints--the functions of the Tribunal
- 95 Referral of complaints to Tribunal 95A. (Repealed)
- 96 Leave of Tribunal required for inquiry into certain matters 97. (Repealed)
- 98 Fees or rewards for representing parties
- 99 Member of staff assisting Tribunal
- 100 Single proceeding in relation to several complaints
- 101 Determinations with respect to representative complaints 101A, 101B. (Repealed)
- 102 Tribunal may dismiss complaint
- 103 Tribunal may amend complaint
- 104 Proof of exceptions
- 105 Interim orders 106, 107. (Repealed)
- 108 Order or other decision of Tribunal
- 109 Order affecting industrial instrument 110-111. (Repealed)
- 111A Compensation to offenders in custody--payment to Victims Support Fund
- 112 Interest on damages
- 113 Enforcement of orders by the President
- 114 Enforcement of non-monetary orders 115. (Repealed)
- 116 Relationship between this Division and NCAT legislation 117-118. (Repealed)
Division 4 - The functions of the Board
- 119 General functions of the Board
- 120 Reference of certain matters to the Board by the Minister
- 120A Codes of practice
- 121 Review of legislation etc
- 121A Execution of functions of the Board
- 122 Annual report
PART 9A - (Repealed)
NonePART 9B - INTER-GOVERNMENTAL ARRANGEMENTS
- 122T Definitions
- 122U Arrangements relating to human rights
- 122V Exercise of functions by State authorities pursuant to arrangement
- 122W Exercise of functions by State authorities pursuant to delegation etc
- 122X Exercise of certain functions by member of staff of the Board