Anti–Discrimination Act 1977 | |
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Parliament of New South Wales | |
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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:
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]
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.
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]
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.
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]
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. [7]
A hate crime is crime where a perpetrator targets a victim because of their physical appearance or perceived membership of a certain social group.
This is a list of local government areas (LGAs) in New South Wales, sorted by region. As of September 2024 there were 128 local government areas in New South Wales, there are 33 local government areas in Greater Sydney and 95 local government areas and 12 regions in Regional NSW. All councils are listed below in alphabetical order by region. There is also the Unincorporated Far West Region which is not part of any local government area, in the sparsely inhabited Far West, and Lord Howe Island, which is also unincorporated but self-governed by the Lord Howe Island Board.
This is a list of notable events in the history of LGBT rights that took place in the year 2003.
Human rights in Australia have largely been developed by the democratically elected Australian Parliament through laws in specific contexts and safeguarded by such institutions as the independent judiciary and the High Court, which implement common law, the Australian Constitution, and various other laws of Australia and its states and territories. Australia also has an independent statutory human rights body, the Australian Human Rights Commission, which investigates and conciliates complaints, and more generally promotes human rights through education, discussion and reporting.
Anti-discrimination law or non-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws vary by jurisdiction with regard to the types of discrimination that are prohibited, and also the groups that are protected by that legislation. Commonly, these types of legislation are designed to prevent discrimination in employment, housing, education, and other areas of social life, such as public accommodations. Anti-discrimination law may include protections for groups based on sex, age, race, ethnicity, nationality, disability, mental illness or ability, sexual orientation, gender, gender identity/expression, sex characteristics, religion, creed, or individual political opinions.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Australia rank among the highest in the world; having significantly advanced over the latter half of the 20th century and early 21st century. Opinion polls and the Australian Marriage Law Postal Survey indicate widespread popular support for same-sex marriage within the nation. Australia in 2018, in fact was the last of the Five Eyes set of countries - that consisted of namely Canada (2005), New Zealand (2013), United Kingdom (2014) and the United States (2015) to legalize same-sex marriage. A 2013 Pew Research poll found that 79% of Australians agreed that homosexuality should be accepted by society, making it the fifth-most supportive country surveyed in the world. With its long history of LGBTQ activism and annual Gay and Lesbian Mardi Gras festival, Sydney has been named one of the most gay-friendly cities in the world.
The Crimes Act1900 (NSW) is an Act of the Parliament of New South Wales that defines an extensive list of offences and sets out punishments for the majority of criminal offences in New South Wales (NSW), Australia. The Act, alongside the Crimes Act 1914 (Cth) and the Criminal Code Act 1995 (Cth), form the almost complete basis of criminal law for the State. It is the primary criminal law statute of NSW, and which formed the basis for the Australian Capital Territory's Crimes Act1900 (ACT).
Prostitution in Australia is governed by state and territory laws, which vary considerably, although none ban the selling of sex itself.
Racism in Australia comprises negative attitudes and views on race or ethnicity which are held by various people and groups in Australia, and have been reflected in discriminatory laws, practices and actions at various times in the history of Australia against racial or ethnic groups.
The hate speech laws in Australia give redress to someone who is the victim of discrimination, vilification or injury on grounds that differ from one jurisdiction to another. All Australian jurisdictions give redress when a person is victimised on account of skin colour, ethnicity, national origin or race. Some jurisdictions also give redress when a person is victimised on account of religion, disability, gender identity, HIV/AIDS status or sexual orientation.
Lesbian, gay, bisexual, transgender and queer (LGBTQ) people in the Australian state of New South Wales have most of the same rights and responsibilities as non-LGBTQ people.
The Australian state of Victoria is regarded as one of the country's most progressive jurisdictions with respect to the rights of lesbian, gay, bisexual, and transgender (LGBTQ) people. Victoria is the only state in Australia, that has implemented a LGBTIQA+ Commissioner.
The rights of lesbian, gay, bisexual, and transgender (LGBT) people in the Australian state of South Australia are advanced and well-established. South Australia has had a chequered history with respect to the rights of LGBT people. Initially, the state was a national pioneer of LGBT rights in Australia, being the first in the country to decriminalise homosexuality and to introduce a non-discriminatory age of consent for all sexual activity. Subsequently, the state fell behind other Australian jurisdictions in areas including relationship recognition and parenting, with the most recent law reforms regarding the recognition of same-sex relationships, LGBT adoption and strengthened anti-discrimination laws passing in 2016 and going into effect in 2017.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Australian state of Tasmania have the same legal rights as non-LGBTQ people. Tasmania has a transformative history with respect to the rights of LGBTQ people. Initially dubbed "Bigots' Island" by international media due to intense social and political hostility to LGBTQ rights up until the late 1990s, the state has subsequently been recognised for LGBTQ law reforms that have been described by activists such as Rodney Croome as among the most extensive and noteworthy in the world. Tasmania's criminal penalties for homosexual activity were the harshest in the Western world when they were repealed in 1997. It was the last Australian jurisdiction to decriminalise homosexuality after a United Nations Human Rights Committee ruling, the passage of federal sexual privacy legislation and a High Court challenge to the state's anti-homosexuality laws. Following decriminalisation, social and political attitudes in the state rapidly shifted in favour of LGBTQ rights ahead of national trends with strong anti-LGBTQ discrimination laws passed in 1999, and the first state relationship registration scheme to include same-sex couples introduced in 2003. In 2019, Tasmania passed and implemented the world's most progressive gender-optional birth certificate laws. In July 2023, the Tasmanian government officially included and also added "asexual or asexuality".
Lesbian, gay, bisexual and transgender (LGBTQ) rights in Western Australia have seen significant progress since the beginning of the 21st century, with male sex acts legal since 1990 and the state parliament passing comprehensive law reforms in 2002. The state decriminalised male homosexual acts in 1990 and was the first to grant full adoption rights to LGBT couples in 2002.
Graeme Gordon Innes is an Australian lawyer, mediator and company director, university chancellor and was Australia's Disability Discrimination Commissioner from December 2005 to July 2014.
Freedom of religion in Australia is allowed in practice and protected to varying degrees through the constitution and legislation at the Federal, state and territory level. Australia is a pluralist country with legislated principle of state neutrality and with no state religion. The nation has over 13.6 million people who identify as religious and over 9.8 million who identify with no religion.
Hate speech is public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation. Hate speech is "usually thought to include communications of animosity or disparagement of an individual or a group on account of a group characteristic such as race, colour, national origin, sex, disability, religion, or sexual orientation".
Passed by both Houses
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.