123 Effect of contravention of Act or regulations
This Act is in addition to, and not in derogation of, any other law in force in New South Wales that provides for the protection of a person from conduct that is or would be unlawful under this Act or the regulations.
A person shall not, without lawful excuse, wilfully obstruct, hinder or resist:(a) the President, or an officer of the President, in the exercise of his or her functions under Division 2 of Part 9, or(b) a member of the Tribunal, the Registrar, a member of the Board, or the Public Service Commissioner or a member of staff of the Public Service Commission, in the exercise of his or her functions under this Act or the regulations.Maximum penalty: 50 penalty units in the case of a body corporate or 10 penalty units in any other case.
(1) This section applies to every person who is or has been:(a) a member of the Board, or(b) an officer of the Board within the meaning of section 86 (2), or(c) an officer of the President within the meaning of section 94C (2), or(d) any other person acting under the authority of the Board, or(e) an academic or other person referred to in section 119 (1) (h).(2) This section applies to information concerning the affairs of any person that is or has been obtained by a person to whom this section applies:(a) in the course of exercising functions under this Act, or(b) as a result of another person exercising functions under this Act,unless the information is otherwise publicly available or is information the disclosure of which is authorised or required under a provision of another Act.(3) A person to whom this section applies must not, either directly or indirectly, make a record of, disclose or communicate to any person any information to which this section applies unless it is necessary to do so for the purposes of, or in connection with, the exercise of a function under this Act or is otherwise permitted by this Act.Maximum penalty: 10 penalty units.
(4) Information concerning the affairs of any person that is or has been obtained by a person to whom this section applies:(a) in the course of exercising functions under this Act, or(b) as a result of another person exercising functions under this Act,is inadmissible in a court and a person cannot be required, by subpoena or otherwise, to produce or disclose it except in proceedings (including any prosecution) under or arising out of this Act.(5) Information to which this section applies may be disclosed or communicated to the Minister, or recorded for that purpose, if the President certifies in writing that it is necessary to do so in the public interest.(6) In this section:court includes a tribunal having power to require the production of documents or the answering of questions.
produce includes permit access to.
Proceedings for an offence against this Act or the regulations shall be dealt with summarily before the Local Court.
126 Granting of exemptions by President
(1) Granting of exemptions
The President may, by order published in the Gazette, grant an exemption from this Act or the regulations or such parts of this Act or the regulations as are specified in the order in respect of:(a) a person or class of persons, or(b) an activity or class of activity, or(c) any other matter or circumstance specified in the order.(2) An exemption is subject to such conditions, if any, as may be specified in the order.(3) Duration of exemptions
An exemption remains in force for the period specified in the order, which cannot be more than 10 years.(4) Renewal of exemptions
The President may renew any exemption, for no more than 10 years at a time, by making a new order in accordance with subsection (1).(5) Variation and revocation of exemptions
The power to make an order conferred by this section includes power, exercisable in the same manner and subject to the same conditions, to vary or revoke any order so made.(6) Applications in relation to exemptions
The President may grant, renew, vary or revoke an exemption only on the written application of a person. The regulations may make provision for or with respect to the making of such applications.(7) In deciding whether to grant or refuse an application, the President may consult with such persons or bodies as the President considers appropriate in the circumstances.(8) The President must make a decision on any such application within the period of 60 days after the application is made.(9) Reviews of exemption decisions by Tribunal
An affected person may apply to the Tribunal for a review of any of the following decisions (exemption decisions):(a) a decision to refuse to grant an exemption,(b) a decision to refuse to renew an exemption,(c) a decision to grant an exemption (whether or not subject to conditions),(d) a decision to vary or revoke an order granting an exemption.(10) For the purposes of subsection (9), a person is an affected person in relation to an exemption decision if:(a) the person applied for the decision or for the grant or renewal of the exemption to which the decision relates, or(b) the person is otherwise directly affected by the decision.(11) Section 53 (Internal reviews) of the Administrative Decisions Tribunal Act 1997 does not apply to any exemption decision.
126A Exemption for special needs programs and activities
(1) Nothing in Parts 3–4C renders unlawful anything done by a person in good faith for the purposes of or in the course of any program or activity for which certification is in force under this section as a special needs program or activity.(2) The Minister may certify a program or activity to be a special needs program or activity if satisfied that its purpose or primary purpose is the promotion of access, for members of a group of persons affected by any form of unlawful discrimination to which this Act applies in an area of discrimination to which this Act applies, to facilities, services or opportunities to meet their special needs or the promotion of equal or improved access for them to facilities, services and opportunities.(3) (Repealed)(4) Certification for a program or activity remains in force for the period specified in the certification or (if no period is specified) until the certification is withdrawn.(5) Certification may be withdrawn by the Minister at any time by giving notice in writing to the person who appears to the Minister to be the person who is in charge of the program or who has responsibility for the activity concerned.(6) A person who is in charge of a program or activity may apply to the Tribunal for a review of a decision of the Minister under this section concerning the certification of the program or activity.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) Before making a recommendation to the Governor for the making of any regulation, the Minister shall take into consideration any recommendation of the Tribunal or the Board with respect to the subject-matter of the proposed regulation.(3) A regulation shall, unless disallowed by either House of Parliament, take effect upon:(a) the expiration of a period of 14 sitting days after the day or the later day written notice of its making is, pursuant to section 40 of the Interpretation Act 1987, laid before either such House, or(b) a date specified in the regulation which is later than the period determined under paragraph (a).(4) Without limiting the generality of subsection (1), the Governor may make regulations for or with respect to:(a) the forms to be used for the purposes of this Act or the regulations,(b) the fees to be paid in respect of the lodging of any complaint under Part 9,(c) the manner of serving any notice or other document,(d) making complaints, amending complaints, dealing with complaints, declining complaints and terminating complaints,(e) exempting:(i) any person or class of persons,(ii) any activity or class of activity, or(iii) any other matter or circumstance,specified in the regulations from this Act or such parts of this Act as may be so specified.(5) The regulations may impose a penalty not exceeding 5 penalty units for an offence arising under the regulations.(6) Regulations may be made so as to apply differently according to such factors as may be specified in the regulations.
128 Savings and transitional provisions
Schedule 1 has effect.