What does the law require me to do about access and equity?

There are a number of NSW and Australian laws which relate to access and equity.

In summary, these laws say:

Under the NSW Anti Discrimination Act 1977 it is unlawful to discriminate against someone on the basis of race, sex, disability, homosexuality, transgender grounds, age, marital status or carer responsibilities.

Discrimination means that you treat someone less favourably than you would treat another person in the same or similar circumstances.

It is unlawful to discriminate in the provision of goods and services (such as youth services) by refusing to provide someone with those goods or services or by discriminating in the terms by which you provide the goods or services.

It is unlawful to incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the basis of race, homosexuality, transgender or HIV/AIDS status. This includes threatening physical harm towards a person, group of persons or their property.

It is unlawful to sexually harass another person by making an unwelcome sexual advance, request or conduct where a reasonable person would anticipate that the person would be offended, humiliated or intimidated.

You should be aware that your organisation has a legal responsibility to prevent vilification and harassment from occurring.

Under the Commonwealth Disability Discrimination Act 1992 it is unlawful to discriminate against a person with a disability in the provision of work, accommodation, education, access to premises, sport, goods, facilities and services.

Under the Commonwealth Racial Discrimination Act 1975 it is unlawful for someone to do any act involving a distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of any human right or fundamental freedom in the political, economic, social, cultural or any other field of public life.

It is unlawful to discriminate in the provision of goods, services and access to places and facilities.

It is unlawful to do a public act which is likely to offend, insult, humiliate or intimidate another person or group of people on the basis of race, colour or national or ethnic origin.

Under the Commonwealth Sex Discrimination Act 1984 it is unlawful to discriminate in the provision of goods, services or facilities on the basis of sex, marital status, pregnancy or potential pregnancy.

It is unlawful to sexually harass another person by making an unwelcome sexual advance, request or conduct where a reasonable person would anticipate that the person would be offended, humiliated or intimidated.

Direct & indirect discrimination

Direct and indirect discrimination are both against the law.

Direct discrimination = treating someone in a way that is obviously unfair. For example by refusing to offer membership to someone just because they have a disability.

Indirect discrimination = having a requirement that treats everyone the same but unfairly affects some people. For example, by requiring a driver's licence as the only accepted form of identification for a membership application. This would have an unfair impact on many people with disabilities who are unable to drive.

More information

More information about discrimination is available from the NSW Anti-Discrimination Board at www.lawlink.nsw.gov.au/adb.