NSW Law Reform Commission Review of Anti-Discrimination Act

7 July 2023

The NSW Attorney General, Michael Daley, has asked the NSW Law Reform Commission to review the Anti-Discrimination Act 1977 (NSW) - with the likelihood of significant changes for Christian schools.

The Terms of Reference for the review are very broad, "to review and report on the Anti-Discrimination Act 1977 (NSW)".  The scope of matters to be considered is equally wide -

  • whether the Act could be modernised and simplified to better promote the equal enjoyment of rights and reflect contemporary community standards
  • whether the range of attributes protected against discrimination requires reform
  • whether the areas of public life in which discrimination is unlawful should be reformed
  • whether the existing tests for discrimination are clear, inclusive and reflect modern understandings of discrimination
  • the adequacy of protections against vilification, including (but not limited to) whether these protections should be harmonised with the criminal law
  • the adequacy of the protections against sexual harassment and whether the Act should cover harassment based on other protected attributes
  • 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
  • exceptions, special measures and exemption processes
  • the adequacy and accessibility of complaints procedures and remedies
  • the powers and functions of the Anti-Discrimination Board of NSW and its President, including potential mechanisms to address systemic discrimination
  • the protections, processes and enforcement mechanisms that exist in other Australian and international anti-discrimination and human rights laws, and other NSW laws
  • the interaction between the Act and Commonwealth anti-discrimination laws
  • any other matters the Commission considers relevant to these Terms of Reference.

While on their face innocuous, phrases such as 'reflect contemporary community standards' invite recommendations that undermine essential and immutable human rights, such as religious freedom.

CSA will update schools as this develops over the course of the coming months.

 

Catch up on our latest blog posts and articles:

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Queensland Government Deaf to People of Faith

7/05/2024

Joint Media Release from AACS, ACS and CSA. Detailed and genuine concerns expressed by faith leaders, and supported by Christian schools, have been dismissed by the Premier and Queensland Government according to reports in the media today.

Queensland Government Deaf to People of Faith
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No Government MPs to Attend Second Sold Out Town Hall Event

6/05/2024

Demand for the town halls is unprecedented, with nationwide concern on the implications of the ALRC recommendations. No Government MPs or Senators attended the Brisbane town hall and none have accepted the invitation to attend in Sydney.

No Government MPs to Attend Second Sold Out Town Hall Event
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NCU Free Webinars for 2024 Open For Registration

1/05/2024

The National Copyright Unit (NCU) has opened registration for their free webinars in Term 2, directed towards schools and staff.

NCU Free Webinars for 2024 Open For Registration
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Sold Out Town Hall Event Sends Powerful Message to Politicians

1/05/2024

800 teachers, parents and students packed the hall of Christian school in Brisbane on Monday night in an overwhelming show of support for the future of faith in Christian schools.

Sold Out Town Hall Event Sends Powerful Message to Politicians