Anti-Discrimination Act review 

Terms of reference

Pursuant to section 10 of the Law Reform Commission Act 1967 (NSW), the NSW Law Reform Commission is asked to review and report on the Anti-Discrimination Act 1977 (NSW).

In undertaking this review, the Commission is to consider matters including, but not limited to:

1. whether the Act could be modernised and simplified to better promote the equal enjoyment of rights and reflect contemporary community standards

2. whether the range of attributes protected against discrimination requires reform

3. whether the areas of public life in which discrimination is unlawful should be reformed

4. whether the existing tests for discrimination are clear, inclusive and reflect modern understandings of discrimination

5. the adequacy of protections against vilification, including (but not limited to) whether these protections should be harmonised with the criminal law

6. the adequacy of the protections against sexual harassment and whether the Act should cover harassment based on other protected attributes

7. whether the Act should include positive obligations to prevent harassment, discrimination and vilification, and to make reasonable adjustments to promote full and equal participation in public life

8. exceptions, special measures and exemption processes

9. the adequacy and accessibility of complaints procedures and remedies

10. the powers and functions of the Anti-Discrimination Board of NSW and its President, including potential mechanisms to address systemic discrimination

11. the protections, processes and enforcement mechanisms that exist in other Australian and international anti-discrimination and human rights laws, and other NSW laws

12. the interaction between the Act and Commonwealth anti-discrimination laws

13. any other matters the Commission considers relevant to these Terms of Reference.