Anti-Discrimination Board
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History of the NSW Anti-Discrimination Act

1976

  • Original bill for Anti-Discrimination Act introduced into Parliament.

    1977
  • Anti-Discrimination Act 1977 (NSW) (ADA) makes it unlawful to discriminate on the grounds of sex, race and marital status in the areas of employment, accommodation, goods and services and ­education (race only).
  • Anti-Discrimination Board (ADB) established.

    1980
  • Office of the Director of Equal Opportunity in Public Employment (ODEOPE) established.
  • Sex and marital status discrimination made unlawful in the area of education.

    1981
  • Physical disability included as ground of complaint.
  • Registered clubs added to list of areas in which discrimination is unlawful.
  • Equal Opportunity Tribunal established.

    1982
  • Homosexuality and intellectual impairment added as grounds for complaint.
  • Maximum amount of compensation increased from $20,000 to $40,000.
  • Becomes unlawful to publish advertisements indicating an intention to discriminate unlawfully.

    1989
  • Racial vilification made unlawful.

    1991
  • Compulsory retirement made unlawful for some occupations.

    1993
  • Compulsory retirement provisions extended to most public and private sector employees.

    1994
  • Age discrimination becomes unlawful.
  • Discrimination because of the sex, race, marital status, and homosexuality of an associate made unlawful.
  • "Disability” replaces “physical and intellectual impairment”.
  • HIV/AIDs vilification made unlawful.
  • Maximum penalty for serious racial vilification increased.
  • Definition of race extended to include “ethno-religion” and “descent”.
  • Discrimination on the basis of a “genuine occupational qualification” allowed for the ground of sex.
  • Marital status discrimination extended to cover goods and services.
  • Act extended to cover industrial awards and agreements.
  • Ministers enabled to grant exemptions for special needs programs.

    1996
  • Discrimination and vilification on the ground of transgender status made unlawful.

    1997
  • Sexual harassment made unlawful.
  • Liability of employers limited if they took “all reasonable steps” to prevent contravention of the Act.

    2000
  • Discrimination on the ground of carers’ responsibilities made unlawful in employment, and carers entitled to “reasonable accommodations”.

    2005
  • Time limit for complaints extended from six months to twelve months.
  • ADB President given new powers to decline complaints.

    2007
  • Discrimination on the ground of breastfeeding specifically made unlawful.

    2009
  • Maximum amount of compensation increased from $40,000 to $100,000.
  • Definition of marital status extended to include “domestic status” and definition of defacto broadened, thus covering same-sex relationships.
  • Power to grant exemptions to ADA transferred from Attorney General to ADB President.

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