NSW it is unlawful to discriminate against someone on the basis
that they belong to a particular group of people.
or harassment can occur in many situations. Types of unlawful
discrimination in NSW relate to:
sex, carers’ responsibilities, marital status, homosexual
or lesbian, transgender, disability or discrimination by reason
of your relatives or associates.
may be taken to the Anti-Discrimination Tribunal or the Human
Rights and Equal Opportunity Commission depending on the type
If a complaint
is taken to the Tribunal it will attempt to conciliate and investigate
the facts. Complaints cannot be made that are frivolous or lack
substance otherwise the Tribunal may dismiss the complaint and
order the person making the complaint to pay the costs of the
If you feel
you may have been the target of any type of discrimination please
contact us to discuss the circumstances. Discrimination is not
always unlawful under the Anti-Discrimination Act. Recent developments
have occurred in the law in regard to age discrimination following
the introduction of the Commonwealth Age Discrimination Act 2004.
We can advise you of the most appropriate course of action to
take in regard to your complaint. Time limits do apply so prompt
action is required.
should not accept unfair treatment or harassment directed at you
because of your age. Harassment can also be a type of age discrimination.
It can take any form of behaviour that is not wanted which humiliates,
offends or intimidates you.
The law in
New South Wales provides wide protection to you against unfair
treatment or harassment on account of:
age of any of your relatives, work colleagues or people you
Commonwealth Age Discrimination Act 2004 it is unlawful to discriminate
against someone on the ground of age in areas including:
This can include
people working in part-time and temporary employment.
determining who should be offered employment or the conditions
of employment, it is not only the employer, but also anyone
acting on behalf of the employer, who must be careful not
to discriminate against a person on the question of age.
to opportunities for promotion, transfer or training must
be available to all in the workplace and not denied to anyone
on the ground of age.
agencies have a special exemption which means it may not be
unlawful if they discriminate against a person on the ground
of age if the person is unable to carry out the necessary
requirement of the work he or she wants to do because of age.
authorities may be in breach of the terms of the Act if they discriminate
against a person for reason of age by:
to accept the person’s application for admission, or
the student, or
access to benefits provided by the authorities.
Access to premises
matter whether payment is involved or not for a breach to occur
if someone is discriminated against by reason of their age when
it comes to being allowed access to, or use of premises that are
used by the public generally or just a section of the public.
This would also apply if the person was required to leave premises
or to cease using facilities.
of goods, services and facilities
under the Act also applies to goods and services being provided
to a person without age being an issue. This may amount to unlawful
conduct irrespective of whether payment was involved or not.
It is important
to note that the liability of persons involved in unlawful act
of age discrimination extends to include:
person who causes, instructs, induces, aids or permits another
person in the illegal conduct.
does not include discrimination on the grounds of a disability.
If you feel
you may need our help in any of these areas do not hesitate to
contact us for advice on the merits of your claim. You have the
legal right to take action in situations which are directed at
your age or the age of a relative or associate.
do apply and start running from the date of the act of discrimination.
It is difficult to obtain approval to lodge a claim outside the
statutory time limits so prompt action is required in pursuing
your legal rights.
retirement, with a few exceptions, is illegal in NSW. Many older
Australians with considerable expertise were forced to retire
at 65. Age is no longer a bar to employment as work performance
and efficiency have become the primary requirements. Any previous
retirement age that you believed was compulsory no longer applies.
You may discontinue
working at the old retirement age if you wish, or continue in
your employment provided you possess the job capabilities. The
choice of retirement is not one for your employer to make.
a number of situations which may amount to compulsory retirement.
These include, but are not limited to, when an employer:
you due to age
to retire you due to age
workers on open contracts and older workers on fixed term
important training sessions to young workers in preference
to older ones to induce retirement
If you believe
you have been subjected to compulsory retirement or feel threatened
by the likelihood of this occurring please contact us without