NSW Government commissions review of anti-discrimination law

Thursday, 20 July 2023

The Minns Labor Government is fulfilling another election commitment, referring the Anti-Discrimination Act 1977 to the NSW Law Reform Commission for review.

The Law Reform Commission has been asked to consider whether the Act could be modernised and simplified to better promote the equal enjoyment of rights and reflect contemporary community standards.

In the terms of reference, the Commission has also been asked to consider:

• whether the range of attributes protected against discrimination requires reform
• whether the areas of public life in which discrimination is unlawful requires reform
• whether the existing tests for discrimination are clear, inclusive and reflect a modern understanding of discrimination
• the adequacy of protections against vilification, including whether these protections should be harmonised with the criminal law
• the adequacy of 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 in other Australian and international anti-discrimination and human rights laws, and other NSW laws
• the interaction between the NSW Act and Commonwealth anti-discrimination laws
• any other matters the Commission considers relevant to these Terms of Reference.

The NSW Law Reform Commission is opening the call for preliminary submissions from today: https://www.lawreform.justice.nsw.gov.au/.

NSW Attorney General Michael Daley said:

“There have been monumental shifts in society, demographics and attitudes since the Act came into force nearly half a century ago. 

“We have come a long way since 1977 and it is time for the anti-discrimination laws to come under scrutiny so we can assess whether they are still fit for purpose.

“We are a far more multicultural and accepting community than we were when the current laws were drawn up almost 50 years ago and social mores and our way of life have changed.

“It is essential to conduct reviews of this nature to ensure our laws represent who we are today as a community.”