New South Wales Bills Explanatory Notes New South Wales Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
ANTI-DISCRIMINATION (AGE DISCRIMINATION)
AMENDMENT BILL 1993
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The object of this Bill is to amend the Anti-Discrimination Act 1977 to make it
unlawful for persons to discriminate against others on the ground of their age.
The Bill inserts proposed Part 4G in the Principal Act. The proposed Part, which
deals with discrimination against persons on the ground of their age or their belonging
to a particular age group or on the ground of the age of their relatives or associates,
contains the following provisions:
Division 1--General
Proposed section 49ZYA specifies the circumstances in which a person discriminates
against another person on the ground of the person's age or that of a relative or associate
of the person.
Division 2--Discrimination in work
Proposed section 49ZYB renders it unlawful for an employer to discriminate against
an employee or an applicant for employment on the ground of age. The proposed
section does not apply in relation to employment within a private household.
Proposed section 49ZYC renders it unlawful for a principal to discriminate against a
commission agent or a prospective commission agent on the ground of age.
Proposed section 49ZYD renders it unlawful for a principal to discriminate against a
contract worker on the ground of age.
Proposed section 49ZYE renders it unlawful for a firm consisting of 6 or more
partners, or persons proposing to form a firm consisting of 6 or more partners, to
discriminate against a partner or prospective partner on the ground of age.
Proposed section 49ZYF renders it unlawful for an industrial organisation, non-
industrial organisation or registered organisation (within the meaning of the Industrial
'
Relations Act 1991 and the Industrial Relations Act 1988 of the Commonwealth) to
discriminate against a member of such an organisation or an applicant for membership
on the ground of age.
Proposed section 49ZYG renders it unlawful, on the ground of age, for an authority
or body which is empowered to confer, renew or extend a professional, trade or other
occupational qualification to discriminate against a person who holds or seeks to hold
that qualification. The proposed section does not prevent the imposition of a reasonable
and appropriate minimum age under which a qualification will not be conferred.
Proposed section 49ZYH renders it unlawful for an employment agency, on the
ground of age, to discriminate against a person who seeks the services of the agency.
Proposed section 49ZYI renders it unlawful for an employer to discriminate against a
person on the ground of age on the basis that the position concerned is only available
for, is proposed to be filled by or is filled by, a person who is a junior employee. A
"junior employee" is an employee or prospective employee who is described as a junior
employee, or of less than 21 years old, in an applicable award. (The term "award" is
defined to mean an award, enterprise agreement, former industrial agreement or contract
determination within the meaning of the Industrial Relations Act 1991 or an award
within the meaning of the Industrial Relations Act 1988 of the Commonwealth.) The
proposed section does not commence until a proclaimed day that is not to be earlier than
2 years after the date of assent to the proposed Part. Until the proposed section
commences, it is not unlawful to employ persons as junior employees or to fix the terms
and conditions of their employment in accordance with the terms of any applicable
award.
Proposed section 49ZYJ states that the provisions of Division 2 are not to apply if
there is a genuine occupational qualification that a person be of a particular age or age
group, such as a need for authenticity in a dramatic performance or for the provider of
certain welfare and education services to be of the same age or age group as the
recipients of those services.
Proposed section 49ZYK provides that the provisions of Division 2 are not to apply
to the offer to a person, on the ground of the length of service by the person, of
participation in a voluntary retirement scheme or similar scheme.
Division 3--Discrimination in other areas
Proposed section 49ZYL renders it unlawful for an educational authority to
discriminate against students or applicants for admission as students on the ground of
age. The proposed section does not prevent an educational authority from taking
students above a certain age or refusing to take students below a certain age, and does
not apply to an educational authority prescribed by the regulations under circumstances
so prescribed. The proposed section does not apply to a private educational authority or,
in the circumstances (if any) prescribed by the regulations, to any other educational
authority so prescribed. The proposed section does not prevent an educational authority
from refusing to enrol at a school a child who is not of or above 6 years of age. The
proposed section does not apply to the provision of benefits, including concessions, to
students on the basis of their age.
Proposed section 49ZYM renders it unlawful for a person to discriminate against
another person in the provision of access to places and vehicles. The proposed section
does not apply to provision of benefits, including concessions, to persons on the basis of
their age.
Proposed section 49ZYN renders it unlawful for a person to discriminate against
another person on the ground of age in the provision of goods and services. The
proposed section does not apply to the provision of benefits, including concessions, to
persons on the basis of their age or prevent the offer or provision of holiday tours to
persons of a particular age. Further, the proposed section does not prevent
discrimination on the basis of age in the disposition of goods or services by gift or will.
Proposed section 49ZYO renders it unlawful for a person to discriminate against
another person in the provision of accommodation on the ground of age. The proposed
section does not apply to accommodation in which the person providing the
accommodation, or a near relative of that person, lives and the accommodation is for no
more than 6 persons.
Proposed section 49ZYP renders it unlawful for a registered club, on the ground of
age, to discriminate against persons (not below 18 years of age) who apply for
membership of the club, or against members of the club in relation to the provision of
benefits. The proposed section does not apply to a registered club whose principal object
is the provision of benefits for persons of a particular age or so as to prevent retention
by a registered club of different membership categories based on age.
Division 4--Exceptions to Part 4G
The provisions of Division 4 contain exceptions relating to the legal capacity, legal
rights and obligations and welfare of children (proposed section 49ZYQ), discrimination
designed to cater for the special needs of particular age groups (proposed section
49ZYR), superannuation (proposed section 49ZYS), provision of insurance (proposed
section 49ZYT), credit applications (proposed section 49ZYU), safety procedures
(proposed section 49ZYV) and participation in sporting activities (proposed section
49ZYW). The Division also permits the making of regulations to declare certain
activities or matters not to be unlawful for the purposes of the Part (proposed section
49ZYX). The Division also provides that nothing in Part 4G affects the operation of Part
4E (Compulsory retirement from employment on the ground of age) (proposed section
49ZYY).
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day to be
appointed by proclamation.
Clause 3 makes the amendments explained above to the Anti-Discrimination Act
1977.