New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 169

169 Anti-discrimination matters

(1) The Commission must, in the exercise of its functions, take into account the principles contained in the Anti-Discrimination Act 1977 .

(2) An issue that is the subject of proceedings before the Administrative Decisions Tribunal in relation to a matter arising under the Anti-Discrimination Act 1977 may not be the subject of proceedings before the Commission without the leave of the Commission.

(3) The Commission may admit in proceedings before it evidence given before, or findings made by, the Tribunal in relation to a matter arising under the Anti-Discrimination Act 1977 . This subsection does not prevent the admission of any other evidence in the proceedings that contradicts any such evidence or finding.

(4) An industrial instrument may be varied at any time by the Commission in order to remove any unlawful discrimination arising from the instrument. An application for such a variation:

(a) may be made by a party to the instrument, and

(b) may be made by the President of the Anti-Discrimination Board with the leave of the Commission.

(5) This section does not apply to criminal proceedings before the Commission in Court Session.