The Law Reform Commission will examine critical aspects of the Anti-Discrimination Act 1977
The NSW labour government has taken a step towards upholding its election promises by initiating a comprehensive review of the Anti-Discrimination Act 1977.
The government has referred this crucial legislation to the NSW Law Reform Commission to modernise and simplify it to protect and promote equal rights and reflect contemporary community standards.
The Law Reform Commission has been entrusted with carefully examining several critical aspects of the Anti-Discrimination Act, including assessing whether the range of attributes protected against discrimination should be reformed and whether the areas of public life where discrimination is unlawful require updating to ensure comprehensive coverage.
Additionally, the commission will scrutinise the existing tests for discrimination to determine whether they are clear, inclusive, and reflective of contemporary understanding of discrimination. The commission will also evaluate the adequacy of protections against vilification and explore the possibility of extending these safeguards by harmonising with criminal law.
Another essential consideration for the commission will be the adequacy of protections against sexual harassment and whether the act should cover harassment based on other protected attributes. The commission will also determine whether the act should include positive obligations, such as preventing harassment, discrimination, and vilification and promoting equal participation in public life through reasonable adjustments.
The review will also examine other matters, including the exceptions, special measures, exemption process, and the adequacy and accessibility of complaints procedures and remedies. The commission will likewise look into the powers and functions of the anti-discrimination board of NSW and its president, including potential mechanisms to address systemic discrimination.
Finally, the commission will consider the protections, processes and enforcement mechanisms in other Australian and international anti-discrimination and human rights laws, the interaction between the NSW Act and Commonwealth anti-discrimination laws, and any other matters the commission considers relevant.
Attorney General Michael Daley emphasised the importance of this review, acknowledging the significant shifts in society, demographics, and attitudes over the past half-century.
"We are a far more multicultural and accepting community than we were when the current laws were drawn up almost 50 years ago, and social mores and our way of life have changed. It is essential to conduct reviews of this nature to ensure our laws represent who we are today as a community," Daley said.
The NSW Law Reform Commission invites preliminary submissions from the public, experts, and stakeholders to provide valuable insights and perspectives on the act's strengths and areas for improvement.
