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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Anti-Discrimination (Sexuality)
Amendment Bill 2002
Contents
Page
1 Short title 2
2 Commencement 2
3 Amendment of Anti-Discrimination Act 1977 No 48 2
Schedule 1 Amendments 3
b02-604-p01.33
This PUBLIC BILL, originated in the LEGISLATIVE COUNCIL and, having this day
passed, is now ready for presentation to the LEGISLATIVE ASSEMBLY for its
concurrence.
Clerk of the Parliaments.
Legislative Council
New South Wales
Anti-Discrimination (Sexuality)
Amendment Bill 2002
Act No , 2002
An Act to amend the Anti-Discrimination Act 1977 to make it unlawful to
discriminate against a person on the ground of sexuality in certain
circumstances.
Clause 1 Anti-Discrimination (Sexuality) Amendment Bill 2002
1
The Legislature of New South Wales enacts:
2
1 Short title
3
This Act may be cited as the Anti-Discrimination (Sexuality)
4
Amendment Act 2002.
5
2 Commencement
6
This Act commences 3 months after the date of assent, unless
7
commenced sooner by proclamation.
8
3 Amendment of Anti-Discrimination Act 1977 No 48
9
The Anti-Discrimination Act 1977 is amended in the manner set out
10
in Schedule 1.
Page 2
Anti-Discrimination (Sexuality) Amendment Bill 2002
Amendments Schedule 1
Schedule 1 Amendments 1
2
(Section 3)
3
[1] Section 4 Definitions
4
Omit the definition of homosexual.
5
[2] Part 4C
6
Omit the Part. Insert instead:
Part 4C Discrimination on the ground of 7
sexuality 8
Division 1 General 9
10
49ZF What constitutes discrimination on the ground of sexuality
11
(1) A person (the perpetrator) discriminates against another
12
person (the aggrieved person) on the ground of sexuality if,
13
on the ground of the aggrieved person's sexuality or the
14
sexuality of a relative or associate of the aggrieved person, the
15
perpetrator:
16
(a) treats the aggrieved person less favourably than in the
17
same circumstances (or in circumstances which are not
18
materially different) the perpetrator treats or would
19
treat a person who he or she did not think has that
20
particular sexuality or who does not have such a relative
21
or associate who he or she thinks has that particular
22
sexuality, or
23
(b) requires the aggrieved person to comply with a
24
requirement or condition with which a substantially
25
higher proportion of persons who do not have the
26
aggrieved person's sexuality, or who do not have such
27
a relative or associate who has that sexuality, comply or
28
are able to comply, being a requirement which is not
29
reasonable having regard to the circumstances of the
30
case and with which the aggrieved person does not or is
31
not able to comply.
32
(2) For the purposes of subsection (1) (a), something is done on
33
the ground of a person's sexuality if it is done on the ground
34
of the person's sexuality, a characteristic that appertains
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Anti-Discrimination (Sexuality) Amendment Bill 2002
Schedule 1 Amendments
1
generally to persons having that sexuality or a characteristic
2
that is generally imputed to persons having that sexuality.
Division 2 Discrimination in work 3
4
49ZG Discrimination against applicants and employees
5
(1) It is unlawful for an employer to discriminate against a person
6
on the ground of sexuality:
7
(a) in the arrangements the employer makes for the purpose
8
of determining who should be offered employment, or
9
(b) in determining who should be offered employment, or
10
(c) in the terms on which employment is offered.
11
(2) It is unlawful for an employer to discriminate against an
12
employee on the ground of sexuality:
13
(a) in the terms or conditions of employment that are
14
afforded to the employee, or
15
(b) by denying the employee access, or limiting the
16
employee's access, to opportunities for promotion,
17
transfer or training, or to any other benefits associated
18
with employment, or
19
(c) by dismissing the employee or subjecting the employee
20
to any other detriment.
21
(3) This section does not apply to employment:
22
(a) for the purposes of a private household, or
23
(b) if the number of persons employed by the employer
24
(disregarding any persons employed within the
25
employer's private household) does not exceed 5, or
26
(c) by a private educational authority.
27
(4) For the purposes of subsection (3) (b), a corporation is
28
regarded as the employer of the employees of any other
29
corporation which, with respect to the first-mentioned
30
corporation, is a related body corporate within the meaning of
31
the Corporations Act of the Commonwealth.
32
49ZH Discrimination against commission agents
33
(1) It is unlawful for a principal to discriminate against a person
34
on the ground of sexuality:
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Anti-Discrimination (Sexuality) Amendment Bill 2002
Amendments Schedule 1
1
(a) in the arrangements the principal makes for the purpose
2
of determining who should be engaged as a commission
3
agent, or
4
(b) in determining who should be engaged as a commission
5
agent, or
6
(c) in the terms on which the principal engages the person
7
as a commission agent.
8
(2) It is unlawful for a principal to discriminate against a
9
commission agent on the ground of sexuality:
10
(a) in the terms or conditions that are afforded to the
11
commission agent, or
12
(b) by denying the commission agent access, or limiting the
13
commission agent's access, to opportunities for
14
promotion, transfer or training, or to any other benefits
15
associated with his or her position as a commission
16
agent, or
17
(c) by terminating the commission agent's engagement or
18
subjecting the commission agent to any other
19
detriment.
20
49ZI Discrimination against contract workers
21
It is unlawful for a principal to discriminate against a contract
22
worker on the ground of sexuality:
23
(a) in the terms on which the contract worker is allowed to
24
work, or
25
(b) by not allowing the contract worker to work or continue
26
to work, or
27
(c) by denying the contract worker access, or limiting the
28
contract worker's access, to any benefit associated with
29
the work performed by the contract worker, or
30
(d) by subjecting the contract worker to any other
31
detriment.
32
49ZJ Partnerships
33
(1) It is unlawful for a firm consisting of 6 or more partners, or
34
for any one or more of 6 or more persons proposing to form
35
themselves into a partnership, to discriminate against a person
36
on the ground of sexuality:
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Anti-Discrimination (Sexuality) Amendment Bill 2002
Schedule 1 Amendments
1
(a) in the arrangements made for the purpose of
2
determining who should be offered a position as partner
3
in the firm, or
4
(b) in determining who should be offered a position as
5
partner in the firm, or
6
(c) in the terms on which the person is offered a position as
7
partner in the firm.
8
(2) It is unlawful for a firm consisting of 6 or more partners to
9
discriminate against a partner on the ground of sexuality:
10
(a) by denying the partner access, or limiting the partner's
11
access, to any benefit arising from membership of the
12
firm, or
13
(b) by expelling the partner from the firm, or
14
(c) by subjecting the partner to any other detriment.
15
49ZK Discrimination by local government councillors
16
It is unlawful for any member or members of a council of a
17
local government area when acting (whether alone or
18
together) in the course of the member's or members' official
19
functions to discriminate against another member of the
20
council on the ground of sexuality.
21
49ZL Industrial organisations
22
(1) It is unlawful for an industrial organisation to discriminate
23
against a person on the ground of sexuality:
24
(a) by refusing or failing to accept the person's application
25
for membership, or
26
(b) in the terms on which it is prepared to admit the person
27
to membership.
28
(2) It is unlawful for an industrial organisation to discriminate
29
against a member of the organisation on the ground of
30
sexuality:
31
(a) by denying the person access, or limiting the person's
32
access, to any benefit provided by the organisation, or
33
(b) by depriving the person of membership or varying the
34
terms of that membership, or
35
(c) by subjecting the person to any other detriment.
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Anti-Discrimination (Sexuality) Amendment Bill 2002
Amendments Schedule 1
47ZM Qualifying bodies 1
2
It is unlawful for an authority or a body which is empowered
3
to confer, renew or extend an authorisation or a qualification
4
that is needed for or facilitates the practice of a profession, the
5
carrying on of a trade or the engaging in of an occupation to
6
discriminate against a person on the ground of sexuality:
7
(a) by refusing or failing to confer, renew or extend the
8
authorisation or qualification, or
9
(b) in the terms on which it is prepared to confer the
10
authorisation or qualification or to renew or extend the
11
authorisation or qualification, or
12
(c) by withdrawing the authorisation or qualification or
13
varying the terms or conditions on which it is held.
14
47ZN Employment agencies
15
It is unlawful for an employment agency to discriminate
16
against a person on the ground of sexuality:
17
(a) by refusing to provide the person with any of its
18
services, or
19
(b) in the terms on which it offers to provide the person
20
with any of its services, or
21
(c) in the manner in which it provides the person with any
22
of its services.
Division 3 Discrimination in other areas 23
24
49ZO Education
25
(1) It is unlawful for an educational authority to discriminate
26
against a person on the ground of sexuality:
27
(a) by refusing or failing to accept the person's application
28
for admission as a student, or
29
(b) in the terms on which it is prepared to admit the person
30
as a student.
31
(2) It is unlawful for an educational authority to discriminate
32
against a student on the ground of sexuality:
33
(a) by denying the student access, or limiting the student's
34
access, to any benefit provided by the educational
35
authority, or
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Anti-Discrimination (Sexuality) Amendment Bill 2002
Schedule 1 Amendments
1
(b) by expelling the student or subjecting the student to any
2
other detriment.
3
(3) Nothing in this section applies to or in respect of a private
4
educational authority.
5
49ZP Provision of goods and services
6
It is unlawful for a person who provides (whether or not for
7
payment) goods or services to discriminate against another
8
person on the ground of sexuality:
9
(a) by refusing to provide the person with those goods or
10
services, or
11
(b) in the terms on which the other person is provided with
12
those goods or services.
13
49ZQ Accommodation
14
(1) It is unlawful for a person, whether as principal or agent, to
15
discriminate against another person on the ground of
16
sexuality:
17
(a) by refusing the person's application for
18
accommodation, or
19
(b) in the terms on which the principal or agent offers the
20
other person accommodation, or
21
(c) by deferring the other person's application for
22
accommodation or giving the other person a lower
23
order of precedence in any list of applicants for that
24
accommodation.
25
(2) It is unlawful for a person, whether as principal or agent, to
26
discriminate against another person on the ground of
27
sexuality:
28
(a) by denying the other person access, or limiting the other
29
person's access, to any benefit associated with
30
accommodation occupied by the other person, or
31
(b) by evicting the other person or subjecting the other
32
person to any other detriment.
33
(3) Nothing in this section applies to or in respect of the provision
34
of accommodation in premises if:
35
(a) the person who provides or proposes to provide the
36
accommodation (or a near relative of that person)
Page 8
Anti-Discrimination (Sexuality) Amendment Bill 2002
Amendments Schedule 1
1
resides, and intends to continue to reside, on those
2
premises, and
3
(b) the accommodation provided in those premises is for no
4
more than 6 persons.
5
49ZR Registered clubs
6
(1) It is unlawful for a registered club to discriminate against a
7
person who is not a member of the registered club on the
8
ground of sexuality:
9
(a) by refusing or failing to accept the person's application
10
for membership of the club, or
11
(b) in the terms on which it is prepared to admit the person
12
to membership of the club.
13
(2) It is unlawful for a registered club to discriminate against a
14
person who is a member of the registered club on the ground
15
of sexual preference:
16
(a) by denying the person access, or limiting the person's
17
access, to any benefit provided by the registered club,
18
or
19
(b) by depriving the person of membership or varying the
20
terms of the person's membership, or
21
(c) by subjecting the person to any other detriment.
Division 4 Sexual vilification 22
23
49ZS Definition
24
In this Division, public act includes:
25
(a) any form of communication to the public, including
26
speaking, writing, printing, displaying notices,
27
broadcasting, telecasting, screening and playing of
28
tapes or other recorded material, or
29
(b) any conduct (not being a form of communication
30
referred to in paragraph (a)) observable by the public,
31
including actions and gestures and the wearing or
32
display of clothing, signs, flags, emblems and insignia,
33
or
34
(c) the distribution or dissemination of any matter to the
35
public with knowledge that the matter promotes or
36
expresses hatred towards, serious contempt for, or
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Anti-Discrimination (Sexuality) Amendment Bill 2002
Schedule 1 Amendments
1
severe ridicule of, a person or group of persons on the
2
ground of the sexuality of the person or members of the
3
group.
4
49ZT Sexual vilification unlawful
5
(1) It is unlawful for a person, by a public act, to incite hatred
6
towards, serious contempt for, or severe ridicule of, a person
7
or group of persons on the ground of the sexuality of the
8
person or members of the group.
9
(2) Nothing in this section renders unlawful:
10
(a) a fair report of a public act referred to in subsection (1),
11
or
12
(b) a communication or the distribution or dissemination of
13
any matter comprising a publication referred to in
14
Division 3 of Part 3 of the Defamation Act 1974 or
15
which is otherwise subject to a defence of absolute
16
privilege in proceedings for defamation, or
17
(c) a public act, done reasonably and in good faith, for
18
academic, artistic, religious instruction, scientific or
19
research purposes or for other purposes in the public
20
interest, including discussion or debate about and
21
expositions of any act or matter.
22
49ZTA Offence of serious sexual vilification
23
(1) A person must not, by a public act, incite hatred towards,
24
serious contempt for, or severe ridicule of, a person or group
25
of persons on the ground of the sexuality of the person or
26
members of the group by means which include:
27
(a) threatening physical harm towards, or towards any
28
property of, the person or group of persons, or
29
(b) inciting others to threaten physical harm towards, or
30
towards any property of, the person or group of persons.
31
Maximum penalty:
32
In the case of an individual--10 penalty units or
33
imprisonment for 6 months, or both.
34
In the case of a corporation--100 penalty units.
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Anti-Discrimination (Sexuality) Amendment Bill 2002
Amendments Schedule 1
1
(2) A person is not to be prosecuted for an offence under this
2
section unless the Attorney General has consented to the
3
prosecution.
4
[3] Section 87 Definitions
5
Omit "homosexuality" from paragraph (b) of the definition of
6
representative body.
7
Insert instead "sexuality".
Page 11
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