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Where am I now? Lawlink > Law Reform Commission > Publications > Appendix A: Draft Anti-Discrimination Bill 1999

Report 92 (1999) - Review of the Anti-Discrimination Act 1977 (NSW)

Appendix A: Draft Anti-Discrimination Bill 1999

How to obtain a copy of this Report

History of this Reference (Digest)

    Contents

    Chapter 1-Preliminary

        1 Name of Act

        2 Commencement

        3 Objects

        4 Definitions

        5 Notes and examples

        6 Act binds Crown

    Chapter 2-What discrimination is prohibited?

        7 Unlawful discrimination—generally

        8 Forms of unlawful discrimination

        9 Direct discrimination

        10 Indirect discrimination

        11 What constitutes "doing an act"?

        12 What constitutes "relying on, taking into account, or requiring compliance with, an irrelevant characteristic"?—generally

        13 What constitutes "relying on, taking into account, or requiring compliance with, an irrelevant characteristic"?—transgender persons

        14 Unlawful discrimination—obligation to accommodate needs of persons having special characteristics

        15 Unlawful discrimination under secs 9 and 10—relatives and associates

    Chapter 3-What are irrelevant characteristics?

        16 Irrelevant characteristics

        17 Special characteristics

        18 Definitions of irrelevant characteristics

        19 Carer and family responsibilities

        20 Sex of recognised transgender persons

    Chapter 4-The areas of activity

    Part 1 The area of work

            Division 1 The area covered
        21 Applicants for work

        22 Persons engaged in work

        23 Partnerships

        24 Qualifying bodies

        25 Accommodating persons with special characteristics

        26 Definitions


          Division 2 Particular exceptions

        27 General: work in dwelling

        28 Genuine occupational requirements

        29 Domestic status

        30 Political employment

        31 Judicial officers: age

        32 Youth wages

        33 Early retirement schemes

        34 Qualifying bodies

    Part 2 The area of goods and services
          Division 1 The area covered

        35 Provision of goods and services

        36 Definitions


          Division 2 Particular exceptions

        37 Insurance

        38 Age: concessional rates and credit

        39 Superannuation: existing fund conditions

        40 Superannuation: new fund conditions

    Part 3 The area of education
          Division 1 The area covered

        41 Provision of education

        42 Definitions


          Division 2 Particular exceptions

        43 Single sex schools

        44 Religious schools

        45 Age

    Part 4 The area of accommodation
          Division 1 The area covered

        46 Provision of accommodation

        47 Allowing alterations

        48 Persons with guide dogs

        49 Definitions


          Division 2 Particular exceptions

        50 Private home

        51 Other accommodation

    Part 5 The area of clubs and associations
          Division 1 The area covered

        52 Membership

        53 Definitions


          Division 2 Particular exceptions

        54 Clubs and benefits for particular age groups

        55 Clubs and benefits for persons of particular cultural identity

        56 Separate access to benefits for men and women and persons of transgender status

        57 Political opinion

        58 Religion

    Part 6 The area of disposal of interests in land
          Division 1 The area covered

        59 Interests in land

        60 Definitions


          Division 2 Particular exception

        61 Charities and relatives
    Part 7 The area of government activities
        62 Government activities
    Chapter 5-General exceptions and exemptions
        63 Things done with statutory authority

        64 Judicial orders

        65 Statutory authority: age

        66 Religious appointments

        67 Health related acts

        68 Special measures

        69 Exemptions by the President

        70 Criteria to be considered

    Chapter 6-Prohibition of sexual harassment
        71 What is sexual harassment?

        72 Workplace harassment

        73 Harassment by members of qualifying bodies

        74 Harassment: employment agencies

        75 Harassment: educational institutions

        76 Harassment: provision of goods and services

        77 Harassment: provision of accommodation

        78 Harassment: sport

        79 Harassment: clubs and associations

        80 Harassment: State laws and programs

        81 Harassment: disposal of land

    Chapter 7-Prohibition of other conduct and vicarious liability for discrimination

    Part 1 Victimisation

        82 Prohibition of victimisation

        83 What is victimisation?

    Part 2 Authorising or assisting discrimination
        84 Prohibition of authorising or assisting discrimination
    Part 3 Vicarious liability
        85 Vicarious liability of employers and principals
    Part 4 Advertisements
        86 Publishing advertisement

        87 Offer of job

        88 Defence

    Chapter 8-Vilification
        89 Prescribed characteristics

        90 Inciting hatred etc

        91 Application of section 90

        92 Reference of complaint to DPP

    Chapter 9-Complaints and their resolution

    Part 1 Making a complaint

        93 Nature of complaint

        94 Who may complain?

        95 Representative complaints

        96 Assistance with complaint

        97 Complaint by President

    Part 2 Procedure after a complaint is made
        98 Acceptance

        99 Time for determining

        100 Notifying respondent etc

        101 Investigating complaint

        102 Joint investigation of complaints

        103 Notification of investigation

        104 Expedited complaints

        105 Supplying documents etc

        106 Provision of information to conciliation officer

        107 Conciliation

        108 Amendment of complaint

        109 Withdrawal of complaint

        110 Abandonment of complaint

        111 Termination of investigation

        112 Effect of termination

        113 Death of complainant or respondent

        114 Conciliation procedure

        115 Resolution of complaint

        116 Referral to Tribunal

        117 Settlement of representative complaints

        118 Enforcement of orders of the Tribunal

        119 Effect of contravention of Act

    Chapter 10-Administration

    Part 1 The Anti-Discrimination Board

          Division 1 Constitution of the Board

        120 Constitution of the Board

        121 Membership of Board

        122 Term of office

        123 Resignation and removal

        124 Filling casual vacancies

        125 Procedure of Board

        126 Effect of vacancy or defect

        127 Delegation by Board


          Division 2 Functions of the Board

        128 Functions of the Board: generally

        129 Educative and research functions

        130 Codes of conduct

    Part 2 President
        131 Appointment of President

        132 Term of office

        133 Resignation and removal

        134 Acting President

        135 Payment of President

        136 Functions of President

        137 Delegation by President

    Part 3 General provisions
        138 Staff

        139 Secrecy

        140 Protection from liability

        141 Annual reports

    Chapter 11-Miscellaneous
        142 Employer of people in the Public Service, Police Service or Education Teaching Service

        143 Repeal of Anti-Discrimination Act 1977

        144 Savings, transitional and other provisions

        145 Regulations

        146 Review of Act

    Dictionary

    Schedule 1: Savings, transitional and other provisions

Terms of Reference | Participants | List of abbreviations
Executive summary | List of recommendations
Chapter 1 | Chapter 2 | Chapter 3 | Chapter 4 | Chapter 5
Chapter 6 | Chapter 7 | Chapter 8 | Chapter 9 | Chapter 10
Appendix A | Appendix B | Appendix C | Appendix D
Table of legislation | Table of international instruments | Table of cases
Select bibliography | Index

Table of Contents



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