A short history of Anti-Discrimination legislation in NSW

1976 – Conception

• With the Anti-Discrimination Board still a twinkle in its eyes, the original bill for the Anti-Discrimination Act was introduced into Parliament.

• On 1 June the Anti-Discrimination Act, No 48 of 1977 (ADA) comes into force. The Act makes it unlawful to discriminate on grounds of:
  – sex;
  – race;
  – marital status.
  In the areas of :
  ­– employment;
  – accommodation;
  – goods and services; and
  – education (race only).
• The new law sets up two new offices: Counsellor for Equal Opportunities and the Anti-Discrimination Board.

• On 28 April, the ADA was amended. The Office of the Director of Equal Opportunity in Public Employment was set up. Called ODEOPE, for short, everyone quickly forgot what the letters originally stood for.
• Sex and marital status discrimination was made unlawful in the area of education.

• The ADA is amended to include physical disability as ground of complaint.
• In September, two major milestones are reached. Registered clubs are added to the list of areas in which discrimination is unlawful, and the Equal Opportunity Tribunal is established to take over quasi-judicial functions of the Anti-Discrimination Board.

• Two important grounds for complaint are added: Homosexuality and intellectual impairment. The Anti-discrimination Board also takes over the role of the Counsellor for Equal Opportunity.
• Later that year, the maximum amount of damages (compensation) which can be awarded to a victim of discrimination is increased from $20,000 to $40,000.
• Job ads take on a whole new look. In April it became unlawful to publish advertisements that indicate an intention to discriminate unlawfully.

• Racial vilification becomes unlawful

• Compulsory retirement becomes unlawful, but not for local council employees, firefighters, Electricity Commission employees, coal miners or private employees.

• Compulsory retirement provisions are extended to all public and private sector employees excluding occupations permanently excepted (eg: police, judges etc).

• Age discrimination becomes unlawful in July, including discrimination against relatives or associates of a person discriminated against because of their age. Wages and conditions for employees who are aged under 21 years were, however, excepted.
• The associates of people discriminated against because of sex, race, marital status, and homosexualty are brought within the Act’s protection, and
• a major step is taken when Disability discrimination replaces physical and intellectual impairment as grounds for complaint.
• HIV/AIDs vilification becomes unlawful and the maximum penalty for serious racial vilification is increased.
• The definition of Race is extended to include ‘ethno-religion’ and ‘descent’.
• Gender neutral ‘genuine occupational qualification’ are added to the ground of sex.
• Marital status is extended to cover goods and services.
• The Act covers industrial awards and agreements
• The section exempting aged accommodation is clarified
• Gender neutral language is introduced to all sections of the Act.
• A new section is added to enable Ministers to grant exemptions for special needs programs for any group identified in the Act

• On 1 August the Act is amended to prohibit discrimination or vilification on the ground of transgender status.

• A new Part 2A, prohibiting sexual harassment commences this year.
• In another change, the liability of principals and employers is limited if all reasonable steps were taken by them to prevent contravention of the Act by agents and employees.

• Recognising that employees need to care for family members from time to time, discrimination on the ground of a person’s responsibilities as a carer in employment is declared unlawful. Employees who are the prime carers of family members in need of extra support are now entitled to ‘reasonable accommodations’ to allow them to fulfil their responsibilities.

• In May, procedural amendments to the ADA came into effect. The amendments mainly relate to how complaints of discrimination are dealt with. The main changes include:
  – extending the time limit for lodging complaints from six to twelve months; and
  – giving the President new powers to decline complaints.