{{Italic title}} {{Short description|Australian statute relating to discrimination}} {{Use Australian English|date=May 2018}} {{Use dmy dates|date=May 2018}} {{infobox legislation | short_title = ''Anti–Discrimination Act 1977'' | legislature = Parliament of New South Wales | image = Coat of Arms of New South Wales.svg | imagesize = 180px | long_title = An Act to render unlawful racial, sex and other types of discrimination in certain circumstances and to promote equality of opportunity between all persons. | citation = [http://www.austlii.edu.au/au/legis/nsw/consol_act/aa1977204/ 1977 No 48] | administered_by = The Attorney–General's Department | enacted_by = | date_passed = | royal_assent = 28 April 1977 | date_commenced = 1 June 1977 | bill = Anti-Discrimination Bill | bill_citation = | bill_date = | introduced_by = | 1st_reading = | 2nd_reading = | 3rd_reading = | committee_report = | amendments = | related = | repeals = | status = Current }} 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: * Sex (including breastfeeding, pregnancy and sexual harassment) * Disability (including past, present, future or perceived and actual disability) * Actual or perceived HIV/AIDS status * Race * Actual or perceived Homosexuality<ref>{{Cite Legislation AU|NSW|act|aa1977204|Anti–Discrimination Act 1977|49ZF}}</ref> * Marital or domestic status * Age * Transgender status * Carer’s responsibilities (but only within employment).
== Development == 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.<ref>{{Cite web|url=http://www.austlii.edu.au/au/legis/nsw/consol_act/aa1977204/notes.html|title=ANTI-DISCRIMINATION ACT 1977 – NOTES|website=www.austlii.edu.au|access-date=2016-04-30|via=AustLII}}</ref>
== Anti–Discrimination Board == 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.
=== Functions of the Board === 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.<ref>{{Cite web|url=https://antidiscrimination.nsw.gov.au/about-us/what-we-do.html|archive-date=10 September 2024|archive-url=https://web.archive.org/web/20240910120613/https://antidiscrimination.nsw.gov.au/about-us/what-we-do.html|url-status=live|title=What we do|at=About us|website=antidiscrimination.nsw.gov.au|access-date=2016-04-30|date=21 April 2015}}</ref>
== Office of Director of Equal Opportunity in Public Employment == 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.
== Publicly threatening and inciting violence == 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''<ref>{{Cite web |title=Crimes Amendment (Publicly Threatening and Inciting Violence) Bill 2018 |quote=Passed by both Houses |url=https://www.parliament.nsw.gov.au/bill/files/3524/Passed%20by%20both%20Houses.pdf |archive-date=10 September 2024 |url-status=live |archive-url=https://web.archive.org/web/20240910114443/https://www.parliament.nsw.gov.au/bill/files/3524/Passed%20by%20both%20Houses.pdf |access-date=23 July 2023 |website=parliament.nsw.gov.au}}</ref> 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.<ref>{{Cite Legislation AU|NSW|act|ca190082|Crimes Act 1900|93Z}}</ref> The legislation went into effect on 13 August 2018 by proclamation on 8 August 2018.<ref>{{Cite news |name-list-style=and |quote=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. |first1=David |last1=Hurley |author-link=David Hurley |first2=Mark |last2=Speakman |author-link2=Mark Speakman |title=Commencement Proclamation |archive-date=10 September 2024 |archive-url=https://web.archive.org/web/20240910115245/https://www.legislation.nsw.gov.au/regulations/2018-422.pdf |url-status=live |number=422 |url=https://www.legislation.nsw.gov.au/regulations/2018-422.pdf |access-date=23 July 2023 |website=legislation.nsw.gov.au}}</ref>
== 2023 review == 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.<ref>{{cite press release |url=https://www.nsw.gov.au/media-releases/nsw-government-commissions-review-of-anti-discrimination-law |title=NSW Government commissions review of anti-discrimination law |website=nsw.gov.au |date=20 July 2023 |author=Attorney General |archive-date=23 October 2024 |archive-url=https://archive.today/20241023/https://www.nsw.gov.au/media-releases/nsw-government-commissions-review-of-anti-discrimination-law |access-date=23 October 2024 |url-status=live}}</ref> As of 2025, the review of the 1977 Act by the NSW government is still being conducted.<ref>{{Cite web|url=https://lawreform.nsw.gov.au/current-projects/anti-discrimination-act-review.html |website=NSW Law Reform Commission|access-date=2026-03-21}}</ref>
== Exemptions == Both sport and very broadly-based religious exemptions within non-public schools still apply to explicitly allow discrimination on the grounds of “sex, gender, pregnancy and homosexuality exclusively” within NSW, allowing, for example, banning transgender people from female sports categories<ref>{{Cite web |title=View - NSW legislation |url=https://legislation.nsw.gov.au/view/html/inforce/current/act-1977-048#sec.38P |access-date=2026-03-18 |website=legislation.nsw.gov.au}}</ref> or expelling gay students and teachers from a Catholic-run school.<ref>Justice and Equity Centre: 'Equality Bill ‘an important step, but not the end of the journey’'[https://jec.org.au/civil-rights/equality-bill-an-important-step-but-not-the-end-of-the-journey/]</ref><ref>{{Cite web |title=View - NSW legislation |url=https://legislation.nsw.gov.au/view/html/inforce/current/act-1977-048#sec.49ZO |access-date=2026-03-18 |website=legislation.nsw.gov.au}}</ref> Even religiously-run adoption agencies registered within NSW have an exemption to “deny and reject” same-sex couples adopting children.<ref>Justice and Equity Centre: '‘Shocking example of legalised homophobia’ confirms need for new NSW Anti-Discrimination Act'[https://jec.org.au/civil-rights/discrimination/shocking-example-of-legalised-homophobia-confirms-need-for-new-nsw-anti-discrimination-act/]</ref> The president of the Anti-Discrimination Board can grant further exemptions.<ref name="h892">{{cite web | title=ANTI-DISCRIMINATION ACT 1977 | website=SECT 126 Granting of exemptions by President | url=https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/aa1977204/s126.html | access-date=2026-03-04}}</ref>
== References == {{Reflist}}
==External links== * {{Cite Legislation AU|NSW|act|aa1977204|Anti–Discrimination Act 1977}} * [https://antidiscrimination.nsw.gov.au/about-us/what-we-do/adnsw-board.html Anti–Discrimination Board of NSW]
Category:1977 in Australian law Category:New South Wales legislation Category:Anti-discrimination law in Australia Category:1977 in New South Wales