Anti-Discrimination Act 1977 No 48
Current version for 24 November 2014 to date (accessed 21 December 2014 at 19:32)
Part 2Division 2

Division 2 Discrimination in work

8   Discrimination against applicants and employees

(1)  It is unlawful for an employer to discriminate against a person on the ground of race:
(a)  in the arrangements the employer makes for the purpose of determining who should be offered employment,
(b)  in determining who should be offered employment, or
(c)  in the terms on which the employer offers employment.
(2)  It is unlawful for an employer to discriminate against an employee on the ground of race:
(a)  in the terms or conditions of employment which the employer affords the employee,
(b)  by denying the employee access, or limiting the employee’s access, to opportunities for promotion, transfer or training, or to any other benefits associated with employment, or
(c)  by dismissing the employee or subjecting the employee to any other detriment.
(3)  Subsections (1) and (2) do not apply to employment for the purposes of a private household.

9   Discrimination against commission agents

(1)  It is unlawful for a principal to discriminate against a person on the ground of race:
(a)  in the arrangements the principal makes for the purpose of determining who should be engaged as a commission agent,
(b)  in determining who should be engaged as a commission agent, or
(c)  in the terms on which the principal engages the person as a commission agent.
(2)  It is unlawful for a principal to discriminate against a commission agent on the ground of race:
(a)  in the terms or conditions which the principal affords him or her as a commission agent,
(b)  by denying him or her access, or limiting his or her access, to opportunities for promotion, transfer or training, or to any other benefits associated with his or her position as a commission agent, or
(c)  by terminating his or her engagement or subjecting him or her to any other detriment.

10   Discrimination against contract workers

It is unlawful for a principal to discriminate against a contract worker on the ground of race:
(a)  in the terms on which the principal allows him or her to work,
(b)  by not allowing him or her to work or continue to work,
(c)  by denying him or her access, or limiting his or her access, to any benefit associated with the work in respect of which the contract with his or her employer is made, or
(d)  by subjecting him or her to any other detriment.

10A   Partnerships

(1)  It is unlawful for a firm consisting of 6 or more partners, or for any one or more of 6 or more persons proposing to form themselves into a partnership, to discriminate against a person on the ground of race:
(a)  in the arrangements made for the purpose of determining who should be offered a position as partner in the firm,
(b)  in determining who should be offered a position as partner in the firm, or
(c)  in the terms on which the person is offered a position as partner in the firm.
(2)  It is unlawful for a firm consisting of 6 or more partners to discriminate against a partner on the ground of race:
(a)  by denying the partner access, or limiting the partner’s access, to any benefit arising from membership of the firm,
(b)  by expelling the partner from the firm, or
(c)  by subjecting the partner to any other detriment.

10B   Discrimination by local government councillors

It is unlawful for any member or members of a council of a local government area when acting (whether alone or together) in the course of his, her or their official functions to discriminate against another member of the council on the ground of race.

11   Industrial organisations

(1)  It is unlawful for an industrial organisation to discriminate against a person who is not a member of the industrial organisation on the ground of race:
(a)  by refusing or failing to accept the person’s application for membership, or
(b)  in the terms on which it is prepared to admit the person to membership.
(2)  It is unlawful for an industrial organisation to discriminate against a person who is a member of the industrial organisation on the ground of race:
(a)  by denying the person access, or limiting the person’s access, to any benefit provided by the industrial organisation,
(b)  by depriving the person of membership or varying the terms of the person’s membership, or
(c)  by subjecting the person to any other detriment.

12   Qualifying bodies

It is unlawful for an authority or a body which is empowered to confer, renew or extend an authorisation or a qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation to discriminate against a person on the ground of race:
(a)  by refusing or failing to confer, renew or extend the authorisation or qualification,
(b)  in the terms on which it is prepared to confer the authorisation or qualification or to renew or extend the authorisation or qualification, or
(c)  by withdrawing the authorisation or qualification or varying the terms or conditions upon which it is held.

13   Employment agencies

It is unlawful for an employment agency to discriminate against a person on the ground of race:
(a)  by refusing to provide the person with any of its services,
(b)  in the terms on which it offers to provide the person with any of its services, or
(c)  in the manner in which it provides the person with any of its services.

14   Exception—genuine occupational qualification

Nothing in this Division applies to or in respect of any work or employment where that work or employment involves any one or more of the following:
(a)  participation in a dramatic performance or other entertainment in a capacity for which a person of a particular race is required for reasons of authenticity,
(b)  participation as an artist’s or photographic model in the production of a work of art, visual image or sequence of visual images for which a person of a particular race is required for reasons of authenticity,
(c)  working in a place where food or drink is, for payment or not, provided to and consumed by persons in circumstances in which a person of a particular race is required for reasons of authenticity, or
(d)  providing persons of a particular race with services for the purpose of promoting their welfare where those services can most effectively be provided by a person of the same race.

15   Exception—employment intended to provide training in skills to be exercised outside New South Wales

Nothing in this Division applies to or in respect of anything done by an employer in or in connection with the employment in New South Wales of a person not ordinarily resident in New South Wales where that employment is intended to provide the person with training in skills to be exercised by the person wholly outside New South Wales.

16   Exception—employment on ship or aircraft

Nothing in this Division applies to or in respect of the employment of a person on a ship or an aircraft in New South Wales if that person was engaged for that employment outside New South Wales.
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