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Where am I now? Lawlink > Law Reform Commission > Publications > Appendix A: Draft Anti-Discrimination Bill 1999 - Chapter 7
Report 92 (1999) - Review of the Anti-Discrimination Act 1977 (NSW)
Appendix A: Draft Anti-Discrimination Bill 1999 - Chapter 7
Part 1 Victimisation
82 Prohibition of victimisation
It is unlawful for a person to victimise another person.
83 What is victimisation?
(1) A person (the first person) victimises another person if the first person subjects or threatens to subject another person (the second person) to any detriment because the second person, or a person associated with the second person has:
(a) made a complaint against any person, or
(b) brought proceedings against any person under this Act, or
(c) given evidence or information, or produced a document, in connection with any proceedings under this Act, or
(d) otherwise done anything under or by reference to this Act in relation to any person, or
(e) alleged that a person has contravened a provision of this Act, or
(f) refused to do anything that would contravene a provision of Chapter 3, 5 or 6,
or because the first person believes that the second person or the associate has done or intends to do any of those things.
(2) This section does not apply if the conduct in question was not done in good faith and was the supply of false information or the making of a false allegation or complaint.
(3) In determining whether a person victimises another person, a matter identified in subsection (1) need not be the only or dominant reason for the treatment or threatened treatment as long as it is a significant reason.
Part 2 Authorising or assisting discrimination
84 Prohibition of authorising or assisting discrimination
(1) It is unlawful for a person (the first person) to cause, instruct, induce, encourage, authorise or assist another person (the second person) to contravene a provision of this Act.
(2) If, as a result of the first person doing any of the things specified in subsection (1), the second person contravenes a provision of this Act, both persons are taken to have contravened the provision and a complaint about the contravention may be lodged against either or both of them.
Part 3 Vicarious liability
85 Vicarious liability of employers and principals
(1) If a person in the course of employment or while acting as an agent:
(a) contravenes a provision of this Act, or
(b) engages in any conduct that would, if engaged in by the person's employer, or principal, contravene a provision of this Act,
both the person and the employer, or principal, are taken to have contravened the provision, and a complaint about the contravention may be lodged against either or both of them.
(2) An employer, or principal, is not vicariously liable for a contravention of a provision of this Act pursuant to this section if the employer, or principal, took reasonable precautions to prevent the employee or agent contravening the Act.
Part 4 Advertisements
86 Publishing advertisement
(1) In this Part:
(a) advertisement, without limiting the expression, includes any notice, sign, label, circular and any similar thing, and includes any matter that is not writing but which, by reason of the form or context in which it appears, conveys a message, and
(b) a reference to the publishing of an advertisement is a reference to the publishing of the advertisement by any means including the publishing thereof in a newspaper or periodical, by radio or television broadcast or in a film.
(2) A person must not publish or cause to be published an advertisement that indicates an intention to do an act that is unlawful under this Act.
Maximum penalty: 50 penalty units in the case of a body corporate and 10 penalty units in any other case.
87 Offer of job
For the purposes of section 86 (2), but without limiting the generality of that subsection, the use of a word that, by reason of its gender, denotes a person or persons of a particular sex:
(a) as or as part of:
(i) the description of a job offered, or
(ii) the description of a class of persons to whom an offer or invitation is made,
by an advertisement, or
(b) as or as part of a classification or heading under which an advertisement that makes any offer or invitation is published,
is taken to indicate the intention that the offer of the job or other offer or invitation made by the advertisement is made only to persons of that sex, unless the contrary intention appears in the advertisement or in the classification or heading.
88 Defence
It is a defence in proceedings for an offence under section 86 (2) for the defendant to prove that he or she believed on reasonable grounds that the publication of the advertisement was not an offence under that subsection.
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