What is Discrimination in NSW?
Discrimination happens when someone is treated unfairly because they belong to a particular group of people or have a particular characteristic. This is called a ground of discrimination.
Frequently asked questions
- race
- sex
- sexual orientation*
- gender identity*
- age
- marital or domestic status
- pregnancy
- breastfeeding
- homosexuality
- transgender or transsexual status
- infectious diseases
- disability
- carer’s or family responsibilities
- association with someone who has one of these characteristics.
*Note: discrimination because of your sexual orientation or gender identity is unlawful under the Commonwealth Sex Discrimination Act 1984. To enquire or complain about discrimination on these grounds, contact the Australian Human Rights Commission.
Not all unfair treatment is discrimination. For example, it is not discrimination if:
- you don’t get a job because you don’t meet all the requirements for the job (for example, you need a driver’s licence to do the job but you don’t have a driver’s licence)
- you are treated unfairly because of a characteristic that is not protected by law (for example, you didn’t get a promotion because you haven’t been performing your job well enough).
For something to be unlawful discrimination, it must happen in one of five main areas of life:*
- employment – when applying for a job, when at work and when leaving a job
- goods and services – getting or trying to get goods or services, e.g. from shops, banks, lawyers, government departments, public transport, local councils, hospitals, doctors, hotels, sporting and entertainment venues
- state education – when applying for or studying in any state education institution, including government schools, colleges or universities (note: race discrimination and sexual harassment are also unlawful in private educational institutions)
- accommodation – when you rent accommodation e.g. houses, units, flats, hotel or motel rooms, caravans or commercial premises
- registered clubs – when you try to enter or join a registered club or get services from one (a registered club sells alcohol or has gambling machines).
*Note: discrimination on the grounds of sexual orientation or gender identity is unlawful under the Commonwealth Sex Discrimination Act 1984 if it happens in the following areas of life:
- work (including by partnerships, qualifying bodies, registered organisations and employment agencies)
- superannuation (sexual orientation only)
- education
- provision of goods, services and facilities
- accommodation
- disposal of land
- clubs
- administration of Commonwealth laws and programs, and
- requests for information.
Discrimination on the basis of sex includes unfair treatment on the basis of a person’s sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy, breastfeeding or family responsibilities.
In New South Wales, sexual harassment is prohibited under state and commonwealth law – the Anti-Discrimination Act 1977 (NSW), the Sex Discrimination Act 1984 (Cth) and the Fair Work Act 2009 (Cth).
Since December 22 under the Sex Discrimination Act 1984 organisations and businesses now have a positive duty to eliminate, as far as possible, the following unlawful behaviour from occurring:
- discrimination on the grounds of sex in a work context
- sexual harassment in connection with work
- sex-based harassment in connection with work
- conduct creating a workplace environment that is hostile on the grounds of sex
- related acts of victimisation.
You can get more information about harassment or sexual harassment from:
- attempt to speak to the person or organisation causing the problem
- get support from a community organisation (see: Support services)
- get legal advice via the Legal Aid NSW website or by contacting Community Legal Centres NSW
- contact Anti-Discrimination NSW
– by phone on (02) 9268 5544 or 1800 670 812 (free call)
– by email at complaintsadb@justice.nsw.gov.au - make a complaint via the Australian Human Rights Commission (AHRC) website's 'Make a complaint' page.
For complaints to Anti-Discrimination NSW: If the discrimination happened more than 12 months ago, the Anti-Discrimination NSW can refuse to investigate a complaint. However, this is not automatic so please explain the reason(s) for any delay.
For complaints to the Australian Human Rights Commission: The President of the Commission can decide not to investigate into a complaint alleging unlawful discrimination where the complaint is lodged more than twenty four months after the alleged events(s) happened. If the event(s) being complained about happened more than twenty four months ago, please explain the reasons for the delay in making a complaint to the Commission.
Visit our Support services page for more information.