Anti-Discrimination Act 1977
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New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...
Anti-Discrimination Act 1977 is an Act of the
NSW Parliament The Parliament of New South Wales is a Bicameralism, bicameral legislature in the Australian States and territories of Australia, state of New South Wales (NSW), consisting of the New South Wales Legislative Assembly (lower house) and the New S ...
, 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 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 Disability is the experience of any condition that makes it more difficult for a person to do certain activities or have equitable access within a given society. Disabilities may be Cognitive disability, cognitive, Developmental disability, dev ...
(including past, present or future disability and also includes actual or perceived
HIV The human immunodeficiency viruses (HIV) are two species of ''Lentivirus'' (a subgroup of retrovirus) that infect humans. Over time, they cause acquired immunodeficiency syndrome (AIDS), a condition in which progressive failure of the immune ...
status) * Race (including ethno-religion) *
Homosexuality Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to peop ...
(actual or perceived) * Marital or domestic status * Age (present or future) *
Transgender A transgender (often abbreviated as trans) person is someone whose gender identity or gender expression does not correspond with their sex assigned at birth. Many transgender people experience dysphoria, which they seek to alleviate through tr ...
(including
transsexuality Transsexual people experience a gender identity that is inconsistent with their assigned sex, and desire to permanently transition to the sex or gender with which they identify, usually seeking medical assistance (including sex reassignment ...
) * Carer’s responsibilities (but only within employment).


Development of the NSW Anti-Discrimination Act 1977

The Act was granted
Royal Assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...
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.


Anti-Discrimination Board of NSW

The Anti-Discrimination Board of NSW was set up under the NSW Anti-Discrimination Act 1977 to promote anti-discrimination and
equal opportunity Equal opportunity is a state of fairness in which individuals are treated similarly, unhampered by artificial barriers, prejudices, or preferences, except when particular distinctions can be explicitly justified. The intent is that the important ...
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.


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 Equal employment opportunity is equal opportunity to attain or maintain employment in a company, organization, or other institution. Examples of legislation to foster it or to protect it from eroding include the U.S. Equal Employment Opportunity ...
(EEO) across the public sector.


Publicly threatening and inciting violence law

In June 2018, both houses of the
Parliament of New South Wales The Parliament of New South Wales is a bicameral legislature in the Australian state of New South Wales (NSW), consisting of the New South Wales Legislative Assembly (lower house) and the New South Wales Legislative Council (upper house). Eac ...
unanimously passed and the
Governor of New South Wales The governor of New South Wales is the viceregal representative of the Australian monarch, King Charles III, in the state of New South Wales. In an analogous way to the governor-general of Australia at the national level, the governors of the ...
signed an urgent bill without amendments called the ''Crimes Amendment (Publicly Threatening and Inciting Violence) Bill 2018'' to repeal the 1989 vilification laws within the Anti-Discrimination Act 1977 and replace it with
criminal In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
legislation with up to an explicit 3 year term of imprisonment within this Act. The legislation went into effect on August 13, 2018 - by
proclamation A proclamation (Lat. ''proclamare'', to make public by announcement) is an official declaration issued by a person of authority to make certain announcements known. Proclamations are currently used within the governing framework of some nations ...
on August 10, 2018.https://www.legislation.nsw.gov.au/regulations/2018-422.pdf


References

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External links


NSW Anti-Discrimination Act 1977

Anti-Discrimination Board of NSW
1977 in Australian law History of New South Wales New South Wales legislation Anti-discrimination law in Australia 1970s in New South Wales