New South Wales Consolidated Acts

ANTI-DISCRIMINATION ACT 1977 - SECT 120A

120A Codes of practice

(1) The Board may develop and promote codes of practice.

(2) The Board may consult with a representative body and persons operating in an industry or other area of conduct to which this Act applies for the purpose of developing a code of practice.

(3) A code of practice is to provide guidance to persons in a specified area of conduct as to:

(a) the kinds of activity that may involve or constitute a contravention of this Act, and

(b) means of limiting, avoiding or restricting the width of any such activity or contravention, and

(c) any other matter that the Board considers necessary or convenient in the exercise of its functions under section 119.

(4) A code of practice is not legally binding on any person, but evidence of compliance with or contravention of a code may be considered by the President and the Tribunal in the exercise of functions under this Act or the Administrative Decisions Tribunal Act 1997 .

(5) To avoid doubt, a code of practice does not have the effect:

(a) of rendering lawful any conduct that contravenes this Act, or

(b) of rendering unlawful any conduct not otherwise unlawful.