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Anti–Discrimination Act 1977
Anti–Discrimination Act 1977
Parliament of New South Wales
	Long title 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
Royal assent	28 April 1977
Commenced	1 June 1977
Administered by	The Attorney–General's Department
Legislative history
Bill title	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, accommodation 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, future or perceived disability)
Actual or perceived HIV/AIDS status
Race
Homosexuality (actual or perceived)^[1]
Marital or domestic status
Age
Transgender status
Carer’s responsibilities (but only within employment).

Development

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 more than 90 times.^[2]

Anti–Discrimination Board

The Anti–Discrimination Board of NSW was set up under the 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]

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.

Publicly threatening and inciting violence

In June 2018, both houses (the Legislative Council and the Legislative Assembly) of the Parliament of New South Wales unanimously passed and the Governor of New South Wales signed a Bill without amendment called the Crimes Amendment (Publicly Threatening and Inciting Violence) Bill 2018^[4] to repeal the 1989 vilification laws within the Anti-Discrimination Act 1977 and replace it with criminal legislation with up to an explicit 3 year term of imprisonment within the Crimes Act 1900.^[5] The legislation went into effect on 13 August 2018 by proclamation on 8 August 2018.^[6]

Religious and sports exemptions

Also both sport and very broadly-based religious exemptions within non-public schools - still apply to explicitly allow discrimination on the grounds of “sex, gender, pregnancy and homosexuality exclusively” within NSW. For example banning transgender people from female sports categories and expelling gay students and teachers within a Catholic-run school.^[7] Even religiously-run adoption agencies registered within NSW have an exemption to “deny and reject” same-sex couples adopting children.^[8]

2023 review

In 2023, the New South Wales government announced a review of the nearly 50 year old Anti-Discrimination Act 1977 to be undertaken by the NSW Law Reform Commission.^[9]

References

^ Anti–Discrimination Act 1977 (NSW) s 49ZF
^ "ANTI-DISCRIMINATION ACT 1977 – NOTES". www.austlii.edu.au. Retrieved 30 April 2016 – via AustLII.
^ "What we do". antidiscrimination.nsw.gov.au. 21 April 2015. About us. Archived from the original on 10 September 2024. Retrieved 30 April 2016.
^ "Crimes Amendment (Publicly Threatening and Inciting Violence) Bill 2018" (PDF). parliament.nsw.gov.au. Archived (PDF) from the original on 10 September 2024. Retrieved 23 July 2023. Passed by both Houses
^ Crimes Act 1900 (NSW) s 93Z
^ Hurley, David and Speakman, Mark. "Commencement Proclamation" (PDF). legislation.nsw.gov.au. No. 422. Archived (PDF) from the original on 10 September 2024. Retrieved 23 July 2023. I, General The Honourable David Hurley AC DSC (Ret'd), Governor of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 of the Crimes Amendment (Publicly Threatening and Inciting Violence) Act 2018, do, by this my Proclamation, appoint 13 August 2018 as the day on which that Act commences.
^ [1]
^ [2]
^ Attorney General (20 July 2023). "NSW Government commissions review of anti-discrimination law". nsw.gov.au (Press release). Archived from the original on 23 October 2024. Retrieved 23 October 2024.