New South Wales Consolidated Acts

ANTI-DISCRIMINATION ACT 1977 - SECT 49ZYL

49ZYL Education

(1) It is unlawful for an educational authority to discriminate against a person on the ground of age:

(a) by refusing or failing to accept the person’s application for admission as a student, or

(b) in the terms on which it is prepared to admit the person as a student.

(2) It is unlawful for an educational authority to discriminate against a student on the ground of age:

(a) by denying or limiting access to any benefit provided by the educational authority, or

(b) by expelling the student or subjecting the student to any other detriment.

(3) Nothing in this section applies to or in respect of:

(a) the admission of, or the refusal of admission to, a person to a school, college, university or other institution if the level of education or training sought by the person is provided only for students above a particular age, or

(b) a private educational authority, or

(c) an education authority prescribed by the regulations in relation to such circumstances (if any) as may be so prescribed.

(4) Nothing in this section applies to or in respect of a refusal by an educational authority to enrol at a government school or registered non-government school a child who is not of or above the age of 6 years. In this subsection, "registered non-government school" has the same meaning as in the Education Reform Act 1990 .

(5) Nothing in this section applies to or in respect of benefits, including concessions, provided in good faith to a student by reason of his or her age.