Australian antidiscrimination laws framework, developments and issues 93 australian antidiscrimination laws framework, developments and issues belinda smith. Name of employer considers being a particular age is a genuine occupational qualification for this position under s 49zyj of the antidiscrimination act 1977 nsw. Nsw antidiscrimination act 1977 for information or help, contact the antidiscrimination board of nsw. Section 38a of the nsw antidiscrimination act 1977 is therefore no longer best practice, and a new, more inclusive definition should be adopted to ensure all transgender people benefit from antidiscrimination protection. They relate to discrimination, harassment, victimisation and vilification. We recently updated our contact arrangements so your enquiry can be directed to the staff best suited to respond. The nsw antidiscrimination act 1977 is a vital plank in this governments commitment to the protection of the human rights of members of our community.
The act presently provides protection from discrimination in relation to most grounds on the basis. It initially prohibited discrimination on the grounds of race, sex and marital status. Whats wrong with the nsw antidiscrimination act 1977. One of the functions of ncats administrative and equal opportunity division is to resolve complaints referred to it by the president of the antidiscrimination board. Nsw legislation dealing with discrimination, including racial, sex, disability and age discrimination. Apply to all sworn and unsworn nswpf employees, contractors, students and volunteers. If being of a particular age group is a genuine occupational qualification, your advertisement should say. These complaints are about alleged breaches of the antidiscrimination act 1977. A quick guide to australian discrimination laws 3 legislation and grounds of discrimination areas covered racial discrimination act 1975 discrimination on the basis of race, colour, descent or national or ethnic origin, and in some circumstances, immigrant status.
If the allegations in your complaint appear to be covered by the act, we will conduct an impartial and confidential investigation. Review of the antidiscrimination act 1977 nsw book. Antidiscrimination act 1977 sect 31 exception genuine occupational qualification 31 exception genuine occupational qualification 1 nothing in this division renders unlawful discrimination against a person on the ground of the persons sex where being a person of a particular sex is a genuine occupational qualification for the job. Antidiscrimination act 1977 no 48 contents page historical version for 8. Under both the nsw antidiscrimination act 1977 nsw and the disability discrimination act 1992 cth an employer has an obligation to remove discrimination based on a persons disability in all aspects of employment. The racial discrimination act 1975 was the first major antidiscrimination legislation passed in australia, aimed at prohibiting discrimination based on race, ethnicity, or national origin. Bulletin 5 student discipline in government schools. Appendix 2 applying for an exemption from the anti. The nsw antidiscrimination act 1977 is the only lgbti antidiscrimination law in australia that allows all privates schools and colleges, religious and nonreligious alike, to discriminate on the basis of homosexuality and transgender status. Antidiscrimination act 1991 qld antidiscrimination act 1977 nsw australian human rights commission act 1986. Act done because of unlawful discrimination and for other reasons 4b. Law against racism and all forms of discrimination 2010 brazil. Northern territory of australia antidiscrimination act 2014. If you make a complaint to us, we can help you and the other party find a way of resolving the matter according to the law.
If you phone, you may be asked to leave a message so we can research your question before contacting you. Responsible minister attorney general, and minister for the prevention of domestic violence. Jurisdictions within australia moved shortly after to prohibit discrimination on the basis of sex, through acts including the equal opportunity act 1977 and the antidiscrimination act 1977. Antidiscrimination board nsw submission attorneygenerals. We would like to show you a description here but the site wont allow us. Antidiscrimination act 1977 community relations commission and principles of multiculturalism act 2000 crimes act 1900 fair work act 2009 government information public access act 2009 independent commission against corruption act 1988 industrial relations act 1996. The new south wales antidiscrimination act 1977 is an act of the nsw parliament, relating to discrimination in employment, the public education system.
Furthermore, the australian government has moved that. Authorisation this version of the legislation is compiled and maintained in a database of legislation by the parliamentary counsels office and published on the nsw legislation website, and is certified as the form of that legislation that is correct under section 45c of the interpretation act 1987. Confirmation of aboriginality for an identified position healthshare nsw and ehealth nsw requires documentation to confirm a candidates aboriginality status for recruitment to an identified position. Office and published on the nsw legislation website. Discrimination act 1977 nsw contains similar wording, requiring the. Board means the antidiscrimination board constituted under this act. Racial and religious tolerance act 2001 victoria racial discrimination act 1975. These acts provide the legislative context and foundation for the antiracism policy of the department. Antidiscrimination laws in australia raising children. The role of the board is to promote antidiscrimination and equal opportunity principles and practices throughout nsw.
To be unlawful discrimination the conduct alleged must fit within the definition of direct or indirect discrimination. We are the new south wales state government body that administers the antidiscrimination act 1977. Respectful workplace behaviours guidelines nsw police force. Using the dda as an example, a person is directly discriminated against on the grounds of disability if, because of their disability, they are treated less favourably than a. Antidiscrimination act 1977 sect 31 exceptiongenuine. The australian human rights commission has statutory responsibilities under the age discrimination act 2004, australian human rights commission act 1986, disability discrimination act 1992, racial discrimination act 1975, and the sex discrimination act 1984. Review of the antidiscrimination act 1977 reference received. It was introduced in 1977 by the wran labor government and has continued to evolve over the past 27 years into an increasingly important regime for protecting members of our community from. We handle complaints of discrimination covered by the antidiscrimination act 1977. Factsheets general complaining to the antidiscrimination board pdf 141 kb discrimination covered by antidiscrimination law in nsw pdf 126 kb unfair treatment.
Antidiscrimination law in australia law and justice foundation. In 1977, when the antidiscrimination act 1977 nsw ada was enacted, it was considered an innovative measure that put new south wales ahead of other australian states in dealing with major areas of discrimination. New south wales, parliamentary debates, antidiscrimination. Section 49l of the nsw antidiscrimination act 1977 has a similarly broad definition. Commonwealth antidiscrimination laws discussion paper. It is managed by the parliamentary counsels office. It is under the jurisdiction of the nsw attorney generals department. Reasonable adjustment policy careers in justice nsw. Over the years, many other grounds have been added and many changes have been made. W wikipedia citation please see wikipedias template documentation for further citation fields that may be required. The nsw antidiscrimination act 1977 along with the commonwealth racial discrimination act 1975 make racial discrimination and vilification illegal in new south wales. The antidiscrimination act 1977 nsw ada came into force in 1977. Notes see antidiscrimination regulation 2014 nsw reg 6.
Antidiscrimination board nsw promotes antidiscrimination, equal opportunity, administers the antidiscrimination laws, and handles complaints under the antidiscrimination act 1977 nsw. New south wales antidiscrimination act 1977 nsw antidiscrimination board victoria equal opportunity act 2010 vic racial and religious tolerance act 2001 vic victorian equal opportunity and human rights commission south australia equal opportunity act 1984 sa racial vilification act. We strive to eliminate discrimination in new south wales. There are federal, state and territory laws in australia to protect people from discrimination and harassment. This is because an employer recruiting in nsw must comply with both the nsw act and the racial discrimination act 1975 cth the latter of which does not allow for exemptions. The queensland human rights commission acknowledges aboriginal and torres strait islander peoples as the first australians and recognises their culture, history, diversity and their deep connection to the land, waters and seas of queensland and the torres strait. Antidiscrimination amendment religious freedoms bill 2018. The new south wales antidiscrimination 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. Role of the nsw antidiscrimination board the antidiscrimination board the board was set up under the antidiscrimination act 1977 to administer that act.
The concept of direct discrimination is found in both the nsw antidiscrimination act 1977 the ada and the commonwealth disability discrimination act 1992 the dda. Antidiscrimination act 1977 nsw discrimination on the basis of race, including colour, nationality, descent and ethnic, ethnoreligious or national origin, sex, including pregnancy and breastfeeding, marital or domestic status, disability, homosexuality, age, transgender status, and carers responsibilities. Aboriginal careers identified positions applicants. A quick guide to australian discrimination laws pdf. Review of the anti discrimination act 1977 nsw pdf, 2mb, november 1999. Racial hatred, defined as a public act s likely to offend, insult, humiliate. Antidiscrimination act 1977 as at 26 september 2019 act. Aboriginal applicants must demonstrate aboriginality in addition to addressing the selection criteria. Page 5 antidiscrimination amendment religious freedoms bill 2018 nsw schedule 1 amendment of antidiscrimination act 1977 no48. A feminist critique of the role of medical discourse in. The nsw legislation website is the primary source for nsw legislation.1564 919 1091 132 193 818 1174 620 1004 606 153 1312 1423 755 273 1353 1257 30 1016 1583 1489 962 627 1260 632 206 1540 871 956 725 188 539 117 1406 170 733 1435 1498