Tag: Anti-Discrimination Act
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NSW Anti-Discrimination Act Review: Why the Legal Framework Matters for Women
Women Speak Australia has made a submission to the NSW Law Reform Commission’s review of the Anti-Discrimination Act 1977 (NSW), focusing on the Act’s objects, structure, exceptions, special measures and exemption processes. The NSW Law Reform Commission is reviewing the Anti-Discrimination Act 1977, the legislation that establishes protections against discrimination across a range of areas…
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Child Safeguarding and the NSW Anti-Discrimination Act: What the HGY Decision Raises
A recent decision of the NSW Civil and Administrative Tribunal raises an important question for child safeguarding and the future operation of the Anti-Discrimination Act 1977 (NSW): how should anti-discrimination protections interact with reasonable identity and background checks designed to protect children? The question arises from HGY v Secretary, Ministry of Health in respect of…
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Anti-Discrimination Act 1977 (NSW): Analysis of Sex, Transgender Status and Homosexuality
The Anti-Discrimination Act 1977 (NSW) is often discussed as though it contains a single modern framework of protected characteristics. It does not. The Act has been amended repeatedly since 1977, and its protections are organised into separate Parts dealing with different grounds. Sex is protected under Part 3. Transgender status is protected separately under Part…
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The Kirralie Smith Appeal: What the NSW Supreme Court Decided About Advocacy, Women’s Sport and Anti-Vilification Law
Introduction On 24 July 2026, the NSW Supreme Court delivered its judgment in Smith v Blanch; Smith v Dennis [2026] NSWSC 879, concluding one of Australia’s most closely watched civil vilification appeals. The case arose from a series of social media posts published by Kirralie Smith, spokesperson for Binary Australia (Gender Awareness Australia Ltd), during…
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Anti-Discrimination Act 1991 (Qld): Analysis of Sex, Gender Identity, Sexuality and Sex Characteristics
This analysis examines the Anti-Discrimination Act 1991 (Qld) (the Act) as currently in force, with particular attention to the protected attributes of sex, gender identity, sexuality and sex characteristics. Definitions (Schedule 1 – Dictionary) The Act does not define “sex”. Gender identity, of a person— (a) is the person’s internal and individual experience of gender,…