Submission to the Anti-Discrimination Act review

The Attorney General asked the NSW Law Reform Commission to review the Anti-Discrimination Act 1977 (NSW). 

In undertaking this review, the Commission is to consider matters including, but not limited to:

• whether the Act could be modernised and simplified to better promote the equal enjoyment of rights and reflect contemporary community standards
• whether the range of attributes protected against discrimination requires reform
• whether the areas of public life in which discrimination is unlawful should be reformed
• whether the existing tests for discrimination are clear, inclusive and reflect modern understandings of discrimination
• the adequacy of protections against vilification, including (but not limited to) whether these protections should be harmonised with the criminal law
• the adequacy of the protections against sexual harassment and whether the Act should cover harassment based on other protected attributes
• whether the Act should include positive obligations to prevent harassment, discrimination and vilification, and to make reasonable adjustments to promote full and equal participation in public life
• exceptions, special measures and exemption processes
• the adequacy and accessibility of complaints procedures and remedies
• the powers and functions of the Anti-Discrimination Board of NSW and its President, including potential mechanisms to address systemic discrimination
• the protections, processes and enforcement mechanisms that exist in other Australian and international anti-discrimination and human rights laws, and other NSW laws
• the interaction between the Act and Commonwealth anti-discrimination laws
• any other matters the Commission considers relevant to these Terms of Reference.

ACYP made a written submission in October 2023.

• ACYP submission
• Anti-Discrimination Act review page