Review of NSW Anti-Discrimination Act
The NSW Law Reform Commission released a 267 page consultation paper in May, which is focussed on reviewing the Anti-Discrimination Act 1977 (NSW).
The consultation paper is available directly here: Anti-Discrimination Act review: Consultation paper on unlawful conduct . And see the summary paper: ADA review: Consultation paper community summary
This review has been a while in the making, noting that Christian schools made a joint submission in 2023.
We would encourage you to make a response to the survey, which must be made by 15 August.
Click here to start your submission: Community Survey for the Anti-Discrimination Act Review by NSWLRC.
Responses can also be sent by email to adareview@dcj.nsw.gov.au.
The consultation paper considers the attributes that are currently protected from discrimination and raises the question as to whether these should be reviewed and possibly narrowed. It also considers other attributes that some say should also be protected -new protections. These tend to relate to genders of gender identity but a specific religious exemption is addressed.
The paper also considers what forms of harassment should also be prohibited, sets out options for possible mechanisms to promote substantive equality, such as adjustments, special measures and positive duties to prevent discrimination and unlawful conduct.
A very concening aspect of that paper is that it explicitly raises whether the current law should allow schools, religious and non-religious, to select personnel who support their values.
This indicates that the current broad private educational institution exemption is under the gun and will likely see changes.
The religion exemptions will also be under pressure to be more like the Victorian legislation.
Alex Greenwich MP has clearly said that he wants to reduce faith-based protections, as he told a pro-LGBT new service last year, “We’re going to change the Anti-Discrimination Act to protect sex workers and to protect teachers and students”.
It should be noted that changes being proposed by advocates such as Greenwich are potentially in violation of the International Covenant on Civil and Political Rights (section 18 (4)).
This covenant treats the fundamental rights of parents seriously and sets out the commitment under international law to ensure the rights of parents to provide their children with a religious and moral education that conforms to their own convictions.