Compliance Framework
Compliance Driver
Anti-Discrimination Act 1977 (NSW)
Classification
Level 1
University-wide concern. Impacts on reputation and funding.
Associated Legislation
Associated Standards
None
Associated Codes
None
Associated Information
None
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Administrative Information
Administrative Body
Anti- Discrimination Board of NSW
Administrative Name
Dr Annabelle Bennett, President of Anti-Discrimination Board NSW
Administrative Address
Physical Address
Level 4
175 Castlereagh St
Sydney NSW
Australia, 2000
Mailing Address
P.O. Box A2122
Sydney South NSW
Australia, 1235
Administrative Phone
02 9268 5544
1800 670 812
Administrative Email
adbcontact@justice.nsw.gov.au
Administrative Website
https://www.antidiscrimination.justice.nsw.gov.au/
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General Introduction
VC Compliance Delegate
Meredith Parry, Chief Operating Officer
Compliance Coordinator
Kirsten Clayton, Director People and Culture
Business Units Impacted
Overview
An Act to render unlawful racial, sex and other types of discrimination in certain circumstances and to promote equality of opportunity between all persons. In NSW there are eight main types of discrimination that are unlawful (in certain areas of public life):
1. Age discrimination
2. Carer's responsibilities discrimination
3. Disability discrimination (including infectious diseases discrimination)
4. Homosexual discrimination
5. Marital or domestic status discrimination
6. Race discrimination
7. Sex discrimination (including pregnancy and breastfeeding discrimination)
8. Transgender discriminationCompliance Obligations
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Access to education
Description
(1) It is unlawful for the University to discriminate against a person on the grounds of disability or age or sex or homosexuality or race or, marital or domestic status, or transgender:
(a) by refusing or failing to accept his or her application for admission as a student, or
(b) in the terms on which it is prepared to admit him or her as a student.
(2) It is unlawful for the University to discriminate against a person on the grounds of disability or age or sex or homosexuality or race or, marital or domestic status, or transgender:
(a) by denying him or her access, or limiting his or her access, to any benefit provided by the educational authority, or
(b) by expelling him or her, or
(c) by subjecting him or her to any other detriment.
Impacts
Negative impact on reputation
Responsible Manager
Jennifer McDonell, Executive Principal Student Journey
Coordinating Officer
Caroline Pflaumer-Winter, Associate Director, Student Success
Coordinating Unit
Student Journey
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Prevention of Harassment, Bullying and Discrimination Policy
Procedure
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
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Advertising
Description
The University must not publish or display an advertisement, or cause or permit its publication or display, which indicates an intention to unlawfully discriminate on the basis of age, sex, homosexuality, race, disability, carer's responsibility, marital or domestic status or transgender.
Impacts
Negative impact on reputation
Maximum penalty: 50 penalty units in the case of a body corporate or 10 penalty units in any other case. C51.
Responsible Manager
Kirsten Clayton, Director People and Culture
Coordinating Officer
Kirsten Clayton, Director People and Culture
Coordinating Unit
People and Culture
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Prevention of Harassment, Bullying and Discrimination Policy
Procedure
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
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Age discriminaton
Description
(1) The University and its employee must not discriminate on the ground of age. Discrimination may occur on the ground of age if the University or its employees:
(a) on the ground of the aggrieved person’s age or the age of a relative or associate of the aggrieved person, treats the aggrieved person less favourably than in the same circumstances, or in circumstances which are not materially different, the perpetrator treats or would treat a person who is not of that age or age group or who does not have such a relative or associate who is that age or age group, or
(b) requires the aggrieved person to comply with a requirement or condition with which a substantially higher proportion of persons who are not of that age or age group, or who do not have a relative or associate who is that age or age group, comply or are able to comply, being a requirement which is not reasonable having regard to the circumstances of the case and with which the aggrieved person does not or is not able to comply.
(2) For the purposes of subsection (1) (a), something is done on the ground of a person’s age if it is done on the ground of the person’s age or age group, a characteristic that appertains generally to persons who are that age or age group or a characteristic that is generally imputed to persons who are of that age or age group.
Impacts
Negative impact on reputation
Responsible Manager
Kirsten Clayton, Director People and Culture
Coordinating Officer
Kirsten Clayton, Director People and Culture
Coordinating Unit
People and Culture
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Prevention of Harassment, Bullying and Discrimination Policy
Procedure
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
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Aiding and abetting discrimination
Description
It is unlawful for a person to cause, instruct, induce, aid or permit another person to do an act that is unlawful by reason of a provision of this Act.
Impacts
Negative impact on reputation
Responsible Manager
Kirsten Clayton, Director People and Culture
Coordinating Officer
Kirsten Clayton, Director People and Culture
Coordinating Unit
People and Culture
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Prevention of Harassment, Bullying and Discrimination Policy
Procedure
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
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Compulsory retirement unlawful
Description
It is unlawful for a person:
(a) to retire an employee from employment, or
(b) to require an employee to retire from employment, or
(c) to threaten to retire an employee from employment, or
(d) to engage in conduct with a view to causing an employee to retire from employment,
on the ground of the employee’s age.
Impacts
Negative impact on reputation
Responsible Manager
Kirsten Clayton, Director People and Culture
Coordinating Officer
Kirsten Clayton, Director People and Culture
Coordinating Unit
People and Culture
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Prevention of Harassment, Bullying and Discrimination Policy
Procedure
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
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Disability discriminaton
Description
(1) The University must not discriminates against another person ("the aggrieved person" ) on the ground of disability. Discrimination may occur if the University or its employees:
(a) on the ground of the aggrieved person’s disability or the disability of a relative or associate of the aggrieved person, treats the aggrieved person less favourably than in the same circumstances, or in circumstances which are not materially different, the University or Its employees treat(s) or would treat a person who does not have that disability or who does not have such a relative or associate who has that disability, or
(b) requires the aggrieved person to comply with a requirement or condition with which a substantially higher proportion of persons who do not have that disability, or who do not have a relative or associate who has that disability, comply or are able to comply, being a requirement which is not reasonable having regard to the circumstances of the case and with which the aggrieved person does not or is not able to comply.
(2) For the purposes of subsection (1) (a), something is done on the ground of a person’s disability if it is done on the ground of the person’s disability, a characteristic that appertains generally to persons who have that disability or a characteristic that is generally imputed to persons who have that disability.
(3) For the purposes of, but without limiting, this section, the fact that a person who has a disability of or relating to vision, hearing or mobility has, or may be accompanied by, a dog which assists the person in respect of that disability, is taken to be a characteristic that appertains generally to persons who have that disability, but nothing in this Act affects the liability of any such person for any injury, loss or damage caused by the dog.
(3A) For the purposes of, but without limiting, this section, the fact that a person who has a disability:
(a) is accompanied by, or possesses, a palliative or therapeutic device, or other mechanical equipment, that provides assistance to the person to alleviate the effect of the disability, or
(b) is accompanied by an interpreter, a reader, an assistant, or a carer, who provides interpretive, reading or other services to the person because of the disability, or because of any matter related to that fact,
is taken to be a characteristic that appertains generally to persons who have that disability.
(4) A reference in this section to persons who have a disability (“the particular disability”) is a reference to persons who have the particular disability or who have a disability that is substantially the same as the particular disability.
Note: any reference disability includes past, future or presumed disability. S49A of Anti-discrimination Act 1977
Impacts
Negative impact on reputation
Responsible Manager
Kirsten Clayton, Director People and Culture
Coordinating Officer
Kirsten Clayton, Director People and Culture
Coordinating Unit
People and Culture
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Prevention of Harassment, Bullying and Discrimination Policy
Procedure
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
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Discrimination on the ground of carer's responsibilities
Description
(1) The University and its employees must not discriminates against another person ("the aggrieved person" ) on the ground of the aggrieved person’s responsibilities as a carer. Discrimination may occur if the University or its employees:
(a) on the ground of the aggrieved person having responsibilities as a carer, treats the aggrieved person less favourably than in the same circumstances, or in circumstances which are not materially different, the University or its employees treats or would treat a person who does not have those responsibilities, or
(b) requires the aggrieved person to comply with a requirement or condition with which a substantially higher proportion of persons who do not have such responsibilities comply or are able to comply, being a requirement that is not reasonable having regard to the circumstances of the case and with which the aggrieved person does not or is not able to comply.
(2) For the purposes of subsection (1) (a), something is done on the ground of a person’s responsibilities as a carer if it is done on the ground of the person having responsibilities as a carer, a characteristic that appertains generally to persons who have responsibilities as a carer or a characteristic that is generally imputed to persons who have responsibilities as a carer.
Responsibilities of a carer are defined in S49S of the Anti-Discrimination Act 1977 (NSW).
Impacts
Negative impact on reputation
Responsible Manager
Kirsten Clayton, Director People and Culture
Coordinating Officer
Kirsten Clayton, Director People and Culture
Coordinating Unit
People and Culture
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Prevention of Harassment, Bullying and Discrimination Policy
Procedure
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
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Employment
Description
(1) It is unlawful for the University to discriminate against a person on the grounds of disability, age, sex, homosexuality, race, carer's responsibility, marital or domestic status or transgender:
(a) in the arrangements the employer makes for the purpose of determining who should be offered employment, or
(b) in determining who should be offered employment, or
(c) in the terms on which the employer offers employment.
(2) It is unlawful for the University to discriminate against a person on the grounds of disability, age, sex, homosexuality, race, carer's responsibility, marital or domestic status or transgender:
(a) in the terms or conditions of employment which the employer affords the employee, or
(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
(d) by subjecting the employee to any other detriment.
Impacts
Negative impact on reputation
Responsible Manager
Kirsten Clayton, Director People and Culture
Coordinating Officer
Kirsten Clayton, Director People and Culture
Coordinating Unit
People and Culture
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Prevention of Harassment, Bullying and Discrimination Policy
Procedure
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
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Homosexual discrimination
Description
(1) The University and its employees must not discriminate on the ground of homosexuality. Discrimination can occur if the University or its employees:
(a) on the ground of the aggrieved person’s homosexuality or the homosexuality of a relative or associate of the aggrieved person, treats the aggrieved person less favourably than in the same circumstances, or in circumstances which are not materially different, the University or its employees treat(s) or would treat a person who he or she did not think was a homosexual person or who does not have such a relative or associate who he or she thinks was a homosexual person, or
(b) requires the aggrieved person to comply with a requirement or condition with which a substantially higher proportion of persons who are not homosexual persons, or who do not have a relative or associate who is a homosexual person, comply or are able to comply, being a requirement which is not reasonable having regard to the circumstances of the case and with which the aggrieved person does not or is not able to comply.
(2) For the purposes of subsection (1) (a), something is done on the ground of a person’s homosexuality if it is done on the ground of the person’s homosexuality, a characteristic that appertains generally to homosexual persons or a characteristic that is generally imputed to homosexual persons.
Impacts
Negative impact on reputation
Responsible Manager
Kirsten Clayton, Director People and Culture
Coordinating Officer
Kirsten Clayton, Director People and Culture
Coordinating Unit
People and Culture
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Prevention of Harassment, Bullying and Discrimination Policy
Procedure
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
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Marital or domestic status discriminaton
Description
The University must not discriminates against another person ("the aggrieved person" ) on the ground of marital or domestic status. Discrimination can occur if the University or its employees:
(a) on the ground of the aggrieved person’s marital or domestic status or the marital or domestic status of a relative or associate of the aggrieved person, treats the aggrieved person less favourably than in the same circumstances, or in circumstances which are not materially different, the University or its employees treats or would treat a person of a different marital or domestic status or who does not have such a relative or associate of that marital or domestic status, or
(b) requires the aggrieved person to comply with a requirement or condition with which a substantially higher proportion of persons of a different marital or domestic status, or who do not have a relative or associate of that marital or domestic status, comply or are able to comply, being a requirement which is not reasonable having regard to the circumstances of the case and with which the aggrieved person does not or is not able to comply.
(1A) For the purposes of subsection (a), something is done on the ground of a person’s marital or domestic status if it is done on the ground of the person’s marital or domestic status, a characteristic that appertains generally to persons of that marital or domestic status or a characteristic that is generally imputed to persons of that marital or domestic status.
(2) For the purposes of this subsection, the circumstances in which a person treats or would treat another person of a different marital or domestic status are not materially different by reason of the fact that the persons between whom the discrimination occurs are not of the same sex.
Impacts
Negative impact on reputation
Responsible Manager
Kirsten Clayton, Director People and Culture
Coordinating Officer
Kirsten Clayton, Director People and Culture
Coordinating Unit
People and Culture
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Prevention of Harassment, Bullying and Discrimination Policy
Procedure
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
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Racial discriminaton
Description
The University must not discriminates against another person ("the aggrieved person" ) on the ground of race. Discrimination may occur if the University or its employees:
(a) on the ground of the aggrieved person’s race or the race of a relative or associate of the aggrieved person, treats the aggrieved person less favourably than in the same circumstances, or in circumstances which are not materially different, the University or its employees treat(s) or would treat a person of a different race or who has such a relative or associate of a different race, or
(b) on the ground of the aggrieved person’s race or the race of a relative or associate of the aggrieved person, segregates the aggrieved person from persons of a different race or from persons who have such a relative or associate of a different race, or
(c) requires the aggrieved person to comply with a requirement or condition with which a substantially higher proportion of persons not of that race, or who have a relative or associate not of that race, comply or are able to comply, being a requirement which is not reasonable having regard to the circumstances of the case and with which the aggrieved person does not or is not able to comply.
Note: For the purposes of (a) and (b) above, something is done on the ground of a person’s race if it is done on the ground of the person’s race, a characteristic that appertains generally to persons of that race or a characteristic that is generally imputed to persons of that race.
Impacts
Negative impact on reputation
Responsible Manager
Kirsten Clayton, Director People and Culture
Coordinating Officer
Kirsten Clayton, Director People and Culture
Coordinating Unit
People and Culture
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Prevention of Harassment, Bullying and Discrimination Policy
Procedure
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
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Sex discrimination
Description
(1) The University and its employees must not discriminates against another person on the ground of sex. Discrimination may occur if the University or its employee/s:
(a) on the ground of the aggrieved person’s sex or the sex of a relative or associate of the aggrieved person, treats the aggrieved person less favourably than in the same circumstances, or in circumstances which are not materially different, the University or its employees treats or would treat a person of the opposite sex or who does not have such a relative or associate of that sex, or
(b) requires the aggrieved person to comply with a requirement or condition with which a substantially higher proportion of persons of the opposite sex, or who do not have a relative or associate of that sex, comply or are able to comply, being a requirement which is not reasonable having regard to the circumstances of the case and with which the aggrieved person does not or is not able to comply.
(1A) For the purposes of subsection (a), something is done on the ground of a person’s sex if it is done on the ground of the person’s sex, a characteristic that appertains generally to persons of that sex or a characteristic that is generally imputed to persons of that sex.
(1B) For the purposes of this section, but without limiting the generality of this section, the fact that a woman is or may become pregnant is a characteristic that appertains generally to women.
(1C) For the purposes of this section, but without limiting the generality of this section, the fact that a woman is breastfeeding or may breastfeed is a characteristic that appertains generally to women. For the purposes of this Act, "breastfeeding" includes the act of expressing breast milk.
(2) For the purposes of subsection (1), the circumstances in which a person treats or would treat another person of the opposite sex are not materially different by reason of the fact that the persons between whom the discrimination occurs:
(a) are a woman who is pregnant and a man, or
(b) are not of the same marital or domestic status, or
(c) are a woman who is breastfeeding and a man.
Impacts
Negative impact on reputation
Responsible Manager
Kirsten Clayton, Director People and Culture
Coordinating Officer
Kirsten Clayton, Director People and Culture
Coordinating Unit
People and Culture
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Prevention of Harassment, Bullying and Discrimination Policy
Procedure
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
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Sexual harassment
Description
It is unlawful for an employee of the University to sexually harass a fellow employee, a contract worker, or a person who is seeking employment with UNE.
It is also unlawful for an employee of the University to sexually harass a person who is a student of the University or a person seeking to become a student at the University.
It is unlawful for a person who is an adult student at the University to sexually harass another person who is a student at UNE or a member of staff at UNE.
Impacts
Negative impact on reputation
Responsible Manager
Kirsten Clayton, Director People and Culture
Coordinating Officer
Kirsten Clayton, Director People and Culture
Coordinating Unit
People and Culture
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Prevention of Harassment, Bullying and Discrimination Policy
Procedure
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
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Transgender discriminaton
Description
The University must not discriminates against another person ("the aggrieved person" ) on the ground of transgender. Discrimination may occur if the University or its employees:
(a) on the ground of the aggrieved person being transgender or a relative or associate of the aggrieved person being transgender, treats the aggrieved person less favourably than in the same circumstances (or in circumstances which are not materially different) the University or its employees treats or would treat a person who he or she did not think was a transgender person or who does not have such a relative or associate who he or she did not think was a transgender person, or
(b) requires the aggrieved person to comply with a requirement or condition with which a substantially higher proportion of persons who are not transgender persons, or who do not have a relative or associate who is a transgender person, comply or are able to comply, being a requirement which is not reasonable having regard to the circumstances of the case and with which the aggrieved person does not or is not able to comply, or
(c) treats the aggrieved person, being a recognised transgender person, as being of the person’s former sex or requires the aggrieved person, being a recognised transgender person, to comply with a requirement or condition with which a substantially higher proportion of persons of the person’s former sex comply or are able to comply, being a requirement or condition which is not reasonable having regard to the circumstances of the case and with which the aggrieved person does not or is not able to comply.
For the purposes of subsection (a), something is done on the ground of a person being transgender if it is done on the ground of the person being transgender, a characteristic that appertains generally to transgender persons or a characteristic that is generally imputed to transgender persons.
Impacts
Negative impact on reputation
Responsible Manager
Kirsten Clayton, Director People and Culture
Coordinating Officer
Kirsten Clayton, Director People and Culture
Coordinating Unit
People and Culture
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Prevention of Harassment, Bullying and Discrimination Policy
Procedure
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
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Victimisation
Description
It is unlawful for the University and its employees to subject another person to any detriment in any circumstances on the ground that the person victimised has:
(a) brought proceedings against the the University or its employees or any other person under this Act,
(b) given evidence or information in connection with proceedings brought by any person against the University or its employees or any other person under this Act,
(c) alleged that the University or its employees or any other person has committed an act which, whether or not the allegation so states, would amount to a contravention of this Act, or
(d) otherwise done anything under or by reference to this Act in relation to the discriminator or any other person,
or by reason that the discriminator knows that the person victimised intends to do any of those things, or suspects that the person victimised has done, or intends to do, any of them.
(2) Subsection (1) does not apply to the subjecting of a person to a detriment by reason of an allegation made by the person if the allegation was false and not made in good faith.
Impacts
Negative impact on reputation
Responsible Manager
Kirsten Clayton, Director People and Culture
Coordinating Officer
Kirsten Clayton, Director People and Culture
Coordinating Unit
People and Culture
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Prevention of Harassment, Bullying and Discrimination Policy
Procedure
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
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Vilification
Description
It is unlawful for the University and its employees, by a public act, to incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on any of the following grounds:
race
homosexuality
HIV/AIDS
transgender .
Impacts
Negative impact on reputation
Responsible Manager
Kirsten Clayton, Director People and Culture
Coordinating Officer
Kirsten Clayton, Director People and Culture
Coordinating Unit
People and Culture
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Prevention of Harassment, Bullying and Discrimination Policy
Procedure
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
Compliance Overview