It is under the jurisdiction of the nsw attorney generals department. Disability discrimination act 1992 federal register of legislation. Antidiscrimination act 1977 as at 26 september 2019 act 48 of 1977 table of provisions long title part 1 preliminary 1. Australia has obligations under a number of international human rights treaties to take measures to eliminate discrimination including on the basis of age, race, sex, pregnancy, marital status and disability. Tasmanian legislation tasmanias consolidated legislation online. Antidiscrimination amendment act 1982 nsw barnet jade. The australian disability discrimination act 1992 is an australiawide law that says that people cant be treated unfairly because they have past, existing or future disability. Chapter 2 discrimination prohibited by this act complaint part 1 acts antidiscrimination purpose 6 acts antidiscrimination purpose and how it is to be achieved. Workplace discrimination fact sheets fair work ombudsman.
Antidiscrimination law in australia is split between state and federal systems. 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. This regulation repeals and replaces the antidiscrimination regulation 2014, which. National redress scheme for institutional child sexual abuse consequential amendments act 2018. An act to prohibit discrimination and other specified conduct and to provide for the investigation and conciliation of, and inquiry into, complaints in relation to such discrimination and conduct royal assent 18 december 1998 be it enacted by his excellency the governor of.
The racial discrimination act 1975 cth was a landmark in australian race relations. An act to make certain kinds of discrimination unlawful and to provide for related matters. The definition of race includes colour, nationality, descent, ethnic andor ethnoreligious background. An act to amend the antidiscrimination act, 1977, to render unlawful, in certain circumstances, discrimination on the ground of a persons intellectual impairment or homosexuality. In 1991 the queensland parliament passed the antidiscrimination act which aims to protect people in queensland from unfair discrimination, sexual harassment and other objectionable conduct and provides a means to bring a complaint and have it resolved. Age discrimination act 2004 federal register of legislation. Antidiscrimination laws in australia raising children. Its stated purpose is to render unlawful racial, sex and other types of discrimination in certain circumstances and to. An exemption or exception under one act does not mean employers are exempt under another act. The racial discrimination act 1975 gives effect to australias obligations under the international convention on the elimination of all forms of racial discrimination. An act relating to discrimination on the ground of age. Assembly the antidiscrimination amendment private educational authorities bill 20.
Responsible minister attorney general, and minister for the prevention of domestic violence. To inquire into and report on the current scope and operation of the antidiscrimination act 1977 nsw and any related. The act defines disability, as well as lawful and unlawful discrimination. Vilification is any public act that could incite or encourage hatred, serious contempt or severe ridicule. The most important discrimination laws for people with intellectual disability in nsw are the anti discrimination act 1977 nsw and the disability discrimination act 1992 cth. Human rights and antidiscrimination attorneygenerals. 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.
This is a compilation of the racial discrimination act 1975 as in force on 1 january 2014. The ad act is the law at a federal level that prohibits age discrimination. Board means the antidiscrimination bo ard constituted under this act. The most important discrimination laws for people with intellectual disability in nsw are the anti discrimination act 1977 nsw and the disability discrimination. Australian capital territory discrimination act 1991. Role of the nsw antidiscrimination board the antidiscrimination board the board was set up under the antidiscrimination act 1977 to administer that act.
Whats wrong with the nsw antidiscrimination act 1977. An act relating to discrimination on the ground of disability. Antidiscrimination act 1977 page 3 antidiscrimination regulation 2019 nsw published lw 16 august 2019 2019 no 381 1 name of regulation this regulation is the antidiscrimination regulation 2019. Antidiscrimination act 1977 as at 26 september 2019. In nsw, anti discrimination laws are covered by both state nsw laws and federal australian laws. New south wales antidiscrimination act 1977 no 48 status information currency of version historical version for 8 july 2011 to 31 october 2011 generated 3 november 2011 at 16. 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. Employees, commission agents, contractors and partners within a partnership will all be protected from workplace discrimination in nsw by the antidiscrimination act 1977 many employees in the private sector will also be covered by the fair work act 2009 and will therefore be able to bring a complaint to the fair work commission if they are discriminated against. New south wales antidiscrimination amendment act 1997 no 9 act no 9, 1997 an act to amend the antidiscrimination act 1977 so as to prohibit sexual harassment, to ensure that ministers and other members of parliament are. The new south wales antidiscrimination act 1977 is an act of the nsw. List of exemptions in commonwealth anti discrimination l.
Anti discrimination amendment complaint handling bill 2020 nongovernment bill the hon mark latham, mlc editorial note the parliamentary counsels office is progressively updating certain formatting styles in versions of nsw in force legislation published from 29 july 2019. Act binds crown part 2 racial discrimination division 1 general 6. Read part one to understand how the law might apply to you. Under discrimination law, these reasons are called grounds, or characteristics. In nsw it is against the law to vilify people because of their race, homosexuality or transgender status, or because they have hivaids. The role of the board is to promote antidiscrimination and equal opportunity principles and practices throughout nsw. List of exemptions in commonwealth anti discrimination l egislation general exemptions there are a number of common exemptions in three of the four commonwealth anti discrimination laws age discrimination act 2004, disability discrimination act 1992 and sex discrimination act 1984. The notes at the end of this compilation the endnotes include information about amending laws and the amendment history of provisions of the compiled law. The fair work ombudsman is committed to providing advice that you can rely on. The information contained on this website is general in nature. To work out whether you can take legal action for discrimination, the first thing you need to think about is the reason why you have been treated unfairly. Employers also need to check the exemptions and exceptions in commonwealth and state or territory legislation. The notes at the end of this compilation the endnotes include information about amending laws and the amendment history of each. Anti discrimination board nsw promotes anti discrimination, equal opportunity, administers the anti discrimination laws, and handles complaints under the anti discrimination act 1977 nsw.
The ad act 2004 was amended in may 2011 to create an office for. Part one is a useful resource for advocates and legal practitioners who want to assist clients who are experiencing disability discrimination. Racial hatred, defined as a public acts likely to offend, insult, humiliate or intimidate on the basis of race, is also. Authorised by the act parliamentary counselalso accessible at. Under these acts, discrimination is unlawful only in certain areas of life such as employment, provision of goods and services, provision of commonwealth programs. 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. A quick guide to australian discrimination laws pdf. 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. Part one also explains some of the differences between new south wales and federal laws.
Part one explains what disability discrimination is. 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. Act done because of unlawful discrimination and for other reasons 4b. 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 the antidiscrimination act 1977 was assented to on 28 april 1977 and took full effect from 1 june 1977. Workplace discrimination in nsw employment lawyers. This includes supporting the attorneygeneral as first law officer by providing policy advice on human rights matters to the government and administering australias federal antidiscrimination legislation and the australian government guidelines on the. Legislation on the nsw legislation website is usually updated within 3 working days. Antidiscrimination act 1998 tasmanian legislation online. Factsheets general complaining to the antidiscrimination board pdf 141 kb discrimination covered by antidiscrimination law in nsw pdf 126 kb unfair treatment. If you are unsure about how it applies to your situation you can call our infoline on 94 or speak with a union, industry association or. F act sheet intellectual disability rights service. Vilification against certain people is also against the law. Discrimination on the basis of race, including colour.
It was a legislative expression of a new commitment to multiculturalism, and reflected the ratification by australia of the international covention on the elimination of all forms of racial discrimination. Antidiscrimination board nsw promotes antidiscrimination, equal opportunity, administers the antidiscrimination laws, and handles complaints under the antidiscrimination act 1977 nsw. It includes any commenced amendment affecting the legislation to that date. You are directed to information on how your personal information is protected. Law and justice foundation antidiscrimination law in. This is a compilation of the age discrimination act 2004 that shows the text of the law as amended and in force on 12 october 2017 the compilation date. These responsibilities are set out in a range of state and federal laws which help protect people from unlawful behaviour, including. Office and published on the nsw legislation website. The attorneygenerals department has portfolio responsibility for driving the implementation of the governments human rights policy agenda. Discrimination and the antidiscrimination board of nsw. Prior to the commencement of the ad act, remedies for age discrimination were only available under the ad nsw act, which all prohibit discrimination based on a persons age.