New South Wales Consolidated Acts

ANTI-DISCRIMINATION ACT 1977

- As at 1 July 2024 
- Act 48 of 1977 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      (Repealed)
   4.      Definitions
   4A.     Act done because of unlawful discrimination and for other reasons
   4B.     References to certain employers
   5.      Act binds Crown

   PART 2 - RACIAL DISCRIMINATION

           Division 1 - General

   6.      (Repealed)
   7.      What constitutes discrimination on the ground of race

           Division 2 - Discrimination in work

   8.      Discrimination against applicants and employees
   9.      Discrimination against commission agents
   10.     Discrimination against contract workers
   10A.    Partnerships
   10B.    Discrimination by local government councillors
   11.     Industrial organisations
   12.     Qualifying bodies
   13.     Employment agencies
   14.     Exception--genuine occupational qualification
   15.     Exception--employment intended to provide training in skills to be exercised outside New South Wales
   16.     Exception--employment on ship or aircraft

           Division 3 - Discrimination in other areas

   17.     Education
   18.     (Repealed)
   19.     Provision of goods and services
   20.     Accommodation
   20A.    Registered clubs

           Division 3A - Racial vilification

   20B.    Definition of "public act"
   20C.    Racial vilification unlawful
   20D.    (Repealed)

           Division 4 - Exceptions to Part 2

   21.     Special needs programs and activities
   22.     Sport

   PART 2A - PROHIBITION OF SEXUAL HARASSMENT

   22A.    Meaning of "sexual harassment"
   22B.    Harassment of employees, commission agents, contract workers, partners etc
   22C.    Harassment by members of qualifying bodies
   22D.    Harassment in employment agencies
   22E.    Harassment at educational institutions
   22F.    Provision of goods and services
   22G.    Provision of accommodation
   22H.    Land
   22I.    Sport
   22J.    State laws and programs

   PART 3 - SEX DISCRIMINATION

           Division 1 - General

   23.     Definitions
   24.     What constitutes discrimination on the ground of sex

           Division 2 - Discrimination in work

   25.     Discrimination against applicants and employees
   26.     Discrimination against commission agents
   27.     Discrimination against contract workers
   27A.    Partnerships
   27B.    Discrimination by local government councillors
   28.     Industrial organisations
   29.     Qualifying bodies
   30.     Employment agencies
   31.     Exception--genuine occupational qualification

           Division 3 - Discrimination in other areas

   31A.    Education
   32.     (Repealed)
   33.     Provision of goods and services
   34.     Accommodation
   34A.    Registered clubs

           Division 4 - Exceptions to Part 3

   35.     Pregnancy, childbirth and breastfeeding
   36.     Superannuation
   37.     Insurance etc
   38.     Sport

   PART 3A - DISCRIMINATION ON TRANSGENDER GROUNDS

           Division 1 - General

   38A.    Interpretation
   38B.    What constitutes discrimination on transgender grounds

           Division 2 - Discrimination in work

   38C.    Discrimination against applicants and employees
   38D.    Discrimination against commission agents
   38E.    Discrimination against contract workers
   38F.    Partnerships
   38G.    Discrimination by local government councillors
   38H.    Industrial organisations
   38I.    Qualifying bodies
   38J.    Employment agencies

           Division 3 - Discrimination in other areas

   38K.    Education
   38L.    (Repealed)
   38M.    Provision of goods and services
   38N.    Accommodation
   38O.    Registered clubs

           Division 4 - Exceptions to Part 3A

   38P.    Sport
   38Q.    Superannuation

           Division 5 - Transgender vilification

   38R.    Definition
   38S.    Transgender vilification unlawful
   38T.    (Repealed)

   PART 4 - DISCRIMINATION ON THE GROUND OF MARITAL OR DOMESTIC STATUS

           Division 1 - General

   39.     What constitutes discrimination on the ground of marital or domestic status

           Division 2 - Discrimination in work

   40.     Discrimination against applicants and employees
   41.     Discrimination against commission agents
   42.     Discrimination against contract workers
   42A.    Partnerships
   42B.    Discrimination by local government councillors
   43.     Industrial organisations
   44.     Qualifying bodies
   45.     Employment agencies
   46.     Exception--employment of married couple

           Division 3 - Discrimination in other areas

   46A.    Education
   47.     Provision of goods and services
   48.     Accommodation
   48A.    Registered clubs

           Division 4 - Exception to Part 4

   49.     Superannuation

   PART 4A - DISCRIMINATION ON THE GROUND OF DISABILITY

           Division 1 - General

   49A.    Disability includes past, future and presumed disability
   49B.    What constitutes discrimination on the ground of disability
   49C.    What constitutes unjustifiable hardship

           Division 2 - Discrimination in work

   49D.    Discrimination against applicants and employees
   49E.    Discrimination against commission agents
   49F.    Discrimination against contract workers
   49G.    Partnerships
   49H.    Discrimination by local government councillors
   49I.    Industrial organisations
   49J.    Qualifying bodies
   49K.    Employment agencies

           Division 3 - Discrimination in other areas

   49L.    Education
   49LA.   (Repealed)
   49M.    Provision of goods and services
   49N.    Accommodation
   49O.    Registered clubs

           Division 4 - Exceptions to Part 4A

   49P.    Public health
   49PA.   Persons addicted to prohibited drugs
   49Q.    Superannuation, insurance
   49R.    Sport

   PART 4B - DISCRIMINATION ON THE GROUND OF A PERSON'S RESPONSIBILITIES AS A CARER

           Division 1 - General

   49S.    Meaning of "responsibilities as a carer"
   49T.    What constitutes discrimination on the ground of a person's responsibilities as a carer
   49U.    What constitutes unjustifiable hardship

           Division 2 - Discrimination in work

   49V.    Discrimination against applicants and employees
   49W.    Discrimination against commission agents
   49X.    Discrimination against contract workers
   49Y.    Partnerships
   49Z.    Discrimination by local government councillors
   49ZA.   Industrial organisations
   49ZB.   Qualifying bodies
   49ZC.   Employment agencies

   PART 4BA - RELIGIOUS VILIFICATION

   49ZD.   Definitions
   49ZE.   Religious vilification unlawful

   PART 4C - DISCRIMINATION ON THE GROUND OF HOMOSEXUALITY

           Division 1 - General

   49ZF.   Interpretation
   49ZG.   What constitutes discrimination on the ground of homosexuality

           Division 2 - Discrimination in work

   49ZH.   Discrimination against applicants and employees
   49ZI.   Discrimination against commission agents
   49ZJ.   Discrimination against contract workers
   49ZK.   Partnerships
   49ZKA.  Discrimination by local government councillors
   49ZL.   Industrial organisations
   49ZM.   Qualifying bodies
   49ZN.   Employment agencies

           Division 3 - Discrimination in other areas

   49ZO.   Education
   49ZP.   Provision of goods and services
   49ZQ.   Accommodation
   49ZR.   Registered clubs

           Division 4 - Homosexual vilification

   49ZS.   Definition
   49ZT.   Homosexual vilification unlawful
   49ZTA.  (Repealed)

   PART 4E - COMPULSORY RETIREMENT FROM EMPLOYMENT ON THE GROUND OF AGE

   49ZU.   Application of Part
   49ZV.   Compulsory retirement unlawful
   49ZW.   Provision requiring retirement on basis of age of no effect
   49ZX.   Exceptions to this Part

   PART 4F - HIV/AIDS VILIFICATION

   49ZXA.  Definitions
   49ZXB.  HIV/AIDS vilification unlawful
   49ZXC.  (Repealed)

   PART 4G - AGE DISCRIMINATION

           Division 1 - General

   49ZYA.  What constitutes discrimination on the ground of age

           Division 2 - Discrimination in work

   49ZYB.  Discrimination against applicants and employees
   49ZYC.  Discrimination against commission agents
   49ZYD.  Discrimination against contract workers
   49ZYE.  Partnerships
   49ZYF.  Industrial organisations
   49ZYG.  Qualifying bodies
   49ZYH.  Employment agencies
   49ZYI.  Junior employees
   49ZYJ.  Exception--genuine occupational qualification
   49ZYK.  Exception--voluntary retirement or severance schemes

           Division 3 - Discrimination in other areas

   49ZYL.  Education
   49ZYM.  (Repealed)
   49ZYN.  Provision of goods and services
   49ZYO.  Accommodation
   49ZYP.  Registered clubs

           Division 4 - Exceptions to Part 4G

   49ZYQ.  Legal capacity and welfare of children
   49ZYR.  Special needs programs and activities
   49ZYS.  Superannuation
   49ZYT.  Provision of insurance
   49ZYU.  Credit applications
   49ZYV.  Safety procedures
   49ZYW.  Sport
   49ZYX.  Certain activities or matters may be prescribed to be lawful
   49ZYY.  Operation of Part 4E not affected

   PART 5 - OTHER UNLAWFUL ACTS

   50.     Victimisation
   51.     Advertisements
   52.     Aiding and abetting etc
   53.     Liability of principals and employers

   PART 6 - GENERAL EXCEPTIONS TO THIS ACT

   54.     Acts done under statutory authority
   55.     Charities
   56.     Religious bodies
   57.     Voluntary bodies
   58.     (Repealed)
   59.     Establishments providing housing accommodation for aged persons
   59A.    Adoption services
           PARTS 7, 7A - (Repealed)
           None

   PART 8 - THE ANTI-DISCRIMINATION BOARD

   70.     Definition
   71.     Constitution of Board
   72.     Appointment of members
   73.     Term of office
   74.     Eligibility for appointment to Board
   75.     Vacation of office
   76.     Removal from office
   77.     Filling casual vacancy
   78.     Member not subject to Government Sector Employment Act 2013
   79.     Remuneration of members other than the President
   80.     President
   81.     Acting President
   82.     Alternate members
   83.     (Repealed)
   84.     Preservation of rights of President who was previously public servant
   85.     Meetings of the Board
   86.     Staff

   PART 9 - THE FUNCTIONS OF THE PRESIDENT, THE TRIBUNAL AND THE BOARD

           Division 1 - Preliminary

   87.     Definitions

           Division 2 - Complaints--the functions of the President

              Subdivision 1 - Lodgment of complaints

   87A.    Persons who may make a complaint
   87B.    Complaints made on behalf of others
   87C.    Complaints by representative bodies
   88.     Vilification complaints
   88A.    Assistance by President in making complaints
   88B.    Making of complaints in more than one jurisdiction
   88C.    Withdrawal of consent for complaint

              Subdivision 2 - Making of complaints

   89.     Form and content of complaints
   89A.    Making of complaint
   89B.    Acceptance or declining of complaints by the President
   89C.    (Repealed)

              Subdivision 3 - Investigation and conciliation of complaints

   90.     President to investigate complaints
   90A.    Investigation of vilification complaints
   90B.    Supplying information and documents
   90C.    Progress reports
   91.        91A.    Resolution of complaint by conciliation
   91B.    No right to representation
   91C.    Amendment of complaint

              Subdivision 4 - Declining of complaints during investigation

   92.     President may decline complaint during investigation

              Subdivision 5 - Termination of complaints

   92A.    Settlement or resolution of complaint
   92B.    Withdrawal of complaint
   92C.    Abandonment of complaint
   93.     Death of complainant or respondent does not terminate complaint

              Subdivision 6 - Referral of complaints to Tribunal

   93A.    Referral of complaints to Tribunal at requirement of complainant
   93B.    Referral of unresolved complaints to Tribunal after 18 months
   93C.    Other referral of complaints to Tribunal
   94.     Severing complaints
   94A.    Form of complaint to be referred to Tribunal

              Subdivision 7 - Miscellaneous

   94B.    Calculation of time
   94C.    Delegation--officers of President

           Division 3 - Complaints--the functions of the Tribunal

   95.     Referral of complaints to Tribunal
   95A.    (Repealed)
   96.     Leave of Tribunal required for inquiry into certain matters
   97.     (Repealed)
   98.     Fees or rewards for representing parties
   99.     Member of staff assisting Tribunal
   100.    Single proceeding in relation to several complaints
   101.    Determinations with respect to representative complaints
           101A, 101B. (Repealed)
   102.    Tribunal may dismiss complaint
   103.    Tribunal may amend complaint
   104.    Proof of exceptions
   105.    Interim orders
           106, 107. (Repealed)
   108.    Order or other decision of Tribunal
   109.    Order affecting industrial instrument
           110-111. (Repealed)
   111A.   Compensation to offenders in custody--payment to Victims Support Fund
   112.    Interest on damages
   113.    Enforcement of orders by the President
   114.    Enforcement of non-monetary orders
   115.    (Repealed)
   116.    Relationship between this Division and NCAT legislation
           117-118. (Repealed)

           Division 4 - The functions of the Board

   119.    General functions of the Board
   120.    Reference of certain matters to the Board by the Minister
   120A.   Codes of practice
   121.    Review of legislation etc
   121A.   Execution of functions of the Board
   122.    Annual report

   PART 9A - (Repealed)
   None

   PART 9B - INTER-GOVERNMENTAL ARRANGEMENTS

   122T.   Definitions
   122U.   Arrangements relating to human rights
   122V.   Exercise of functions by State authorities pursuant to arrangement
   122W.   Exercise of functions by State authorities pursuant to delegation etc
   122X.   Exercise of certain functions by member of staff of the Board

   PART 10 - MISCELLANEOUS

   123.    Effect of contravention of Act or regulations
   124.    Obstruction
   124A.   Secrecy
   125.    Proceedings for offences
   126.    Granting of exemptions by President
   126A.   Exemption for special needs programs and activities
   127.    Regulations
   128.    Savings and transitional provisions
           SCHEDULE 1