Anti-Discrimination Act 1977

The 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 renders 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)
• Homosexuality (actual or perceived)
• Marital or domestic status
• Age (present or future)
• Transgender (including transsexuality)
• Carer’s responsibilities (but only within employment).

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]

Anti-Discrimination Board

The Anti-Discrimination Board was set up under the NSW Anti-Discrimination Act 1977 to administer the Act. The Anti-Discrimination Board promotes anti-discrimination and equal opportunity principles and policies throughout NSW

Functions of the Board

The Anti-Discrimination Board handles complaints of discrimination made by the public. The Board provides an enquiry service for people who wish to find out about their rights or responsibilities under the Act. The Board is also empowered to accept, investigate and conciliate on complaints wherever appropriate.

Making a complaint

The Board attempts to prevent discrimination from occurring. While informing people of their rights and responsibilities through consultations, education programs, seminars, participation in community functions and via the Board website, the Board also accepts complaints regarding discrimination from individuals and their lawyers. Complaints are required to be in writing and posted or sent via facsimile to the Board.

The Board investigates and conciliates complaints. Any issues which require a legally binding decision can be referred to the Equal Opportunities Division of the NSW Administrative Decisions Tribunal (which does have the authority to make a decision) or to a Court.

The Anti-Discrimination Board advises the Government on discrimination matters and makes recommendations to the Attorney General on applications for exemption from the NSW Anti-Discrimination Act 1977.

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.

References

• Anti-Discrimination Board, accessed 12 June 2007.

External links

• NSW Anti-Discrimination Act 1977