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NSW Anti-Discrimination Act 1977

NSW ANTI-DISCRIMMINATION ACT
Blog

NSW Anti-Discrimination Act 1977

The NSW Anti-Discrimination Act 1977 is a legislation enacted by the New South Wales (NSW) Parliament in Australia. It aims to promote equality and prohibit discrimination on various grounds in the state of New South Wales. The Act sets out the rights and responsibilities related to discrimination, harassment, and vilification in areas such as employment, education, housing, and the provision of goods and services.

Key provisions of the NSW Anti-Discrimination Act 1977 include:

Protected attributes: The Act prohibits discrimination based on certain protected attributes, including race, sex, pregnancy, marital or domestic status, age, disability, homosexuality, transgender status, and other characteristics.

Direct and indirect discrimination: The Act prohibits both direct discrimination, which occurs when a person is treated less favorably because of a protected attribute, and indirect discrimination, which occurs when a requirement or condition disproportionately affects people with a particular attribute.

Sexual harassment: The Act addresses sexual harassment, defining it as unwanted or unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. It prohibits sexual harassment in various contexts, including employment, education, and the provision of goods and services.

Victimization: The Act protects individuals from victimization, which refers to adverse treatment or retaliation against a person who has made or intends to make a complaint of discrimination or harassment under the Act.

Exceptions and exemptions: The Act provides for some exceptions and exemptions in limited circumstances, such as genuine occupational qualifications, religious exemptions, and special measures to promote equality for disadvantaged groups.

Complaints and remedies: The Act establishes the NSW Anti-Discrimination Board, which handles complaints of discrimination and harassment. It provides avenues for resolution through conciliation, investigation, and, if necessary, litigation in the NSW Civil and Administrative Tribunal. Remedies for successful complainants may include compensation, apologies, injunctions, and other orders.

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