Discrimination

• What is discrimination?
• What types of discrimination are against the law in NSW?
• Sexual harassment
• When does this law apply?
• Vilification
• Victimisation
• Examples of complaints

Download factsheets:
• Discrimination and the Anti-Discrimination NSW [PDF, 126KB]
• Unfair treatment - your rights (For people from non-English speaking backgrounds) [PDF 135KB]
• What you can do if you are treated unfairly (For people with intellectual disabilities) [PDF 313KB]
• For Aboriginal and Torres Strait Islander people [PDF, 261KB]
What is discrimination?

Discrimination occurs when someone is treated less favourably than others in similar circumstances, and it is because they belong to a particular group of people or have a particular characteristic. 'Less favourably' means you have suffered a loss, harm or injury.
There are two types of discrimination, direct discrimination and indirect discrimination.
> Read more on direct and indirect discrimination
Bullying and harassment may also be covered by anti-discrimination law when it happens because of one of the characteristics listed below.
>Read more on harassment
What types of discrimination are against the law in NSW?
Age discrimination
When you are treated less favourably because of your age - for example because people think you are too old or too young. Forcing people to retire at any particular age is also against the law.
> Read more on age discrimination
Carer's responsibilities discrimination
When you are treated less favourably because you are responsible for caring for or supporting certain family members, or people think you are.
> Read more on carer's discrimination
Disability discrimination
When you are treated less favourably because:
• you have a disability,
• someone thinks you have a disability,
• you had a disability in the past, or
• you may or will get a disability in the future.
Disability includes physical disabilities, diseases that make the body or brain work differently, mental illness (psychiatric disability), behavioural disorders, intellectual disabilities, learning disabilities, changed or different body parts, and any virus or bacteria in the body that could cause disease (such as HIV).
> Read more on disability discrimination
Homosexual discrimination
When you are treated less favourably because you are gay or lesbian, or someone thinks you are gay or lesbian.
> Read more on homosexual discrimination
Marital or domestic status discrimination
When you are treated less favourably because of your marital or domestic status - for example because you are single, or married, or living in a de facto relationship.
> Read more on marital status discrimination
Race discrimination
When you are treated less favourably because of your race, colour, ethnic background, ethno-religious background, descent or nationality.
> Read more on race discrimination
Sex discrimination
When you are treated less favourably because you are a woman or because you are a man. This includes being treated unfairly or harassed or not given the same opportunities because you are pregnant or breastfeeding.
> Read more on sex discrimination
Transgender discrimination
When you are treated less favourably because you are transgender or people think you are transgender. You are counted as transgender if you identify as the opposite gender (sex) to your birth gender and you live or seek to live as your identified gender.
> Read more on transgender discrimination
Discrimination because of who you are related to, or who you associate with
When you are treated less favourably because of the sex, pregnancy, breastfeeding, race, age, marital or domestic status, homosexuality, disability or transgender status of one of your relatives, friends or associates.
Sexual harassment
Sexual harassment is also against the law. This is when you are subjected to:
• unwelcome sexual advances,
• unwelcome requests for sexual favours, or
• other unwelcome conduct of a sexual nature, and
• a reasonable person would have expected you to be offended, humiliated or intimidated by this behaviour.
> Read more on sexual harassment
When does this law apply?
The law generally applies in five main areas of public life, apart from discrimination because of carer's responsibilities, which is only against the law in employment. The areas are as follows:
Employment
When you apply for job, when you are at work and when you leave a job. This also covers bodies which issue licences to perform particular jobs, for example taxi licences or registration to practice as a nurse.
Goods and services
When you get or try to get most types of goods or services - for example, from shops, banks, lawyers, government departments, the police, public transport, local councils, doctors, hospitals and other medical services, hotels, sporting venues and entertainment venues.
State education
When you apply to get into or study in any State educational institution, which includes any government school, college or university. Also, private educational institutions are not allowed to discriminate against people because of their race, or allow sexual harassment to occur. However the law does not cover other types of discrimination in private educational institutions.
Accommodation
When you rent accommodation such as houses, units, flats, hotel or motel rooms, caravans or commercial premises.
Registered clubs
When you try to enter or join a registered club, or get services from one. A registered club is any club that sells alcohol or has gambling machines.
Vilification

Vilification is any public act that could incite or encourage hatred, serious contempt or severe ridicule. In NSW it is against the law to vilify people because of their race, homosexuality or transgender status, or because they have HIV/AIDS.

Public acts could include remarks in the media or on the internet, graffiti, posters, verbal abuse, speeches, badges and clothing with slogans on them. The vilification law does not cover acts that are not public, for example abuse over a back fence that cannot be heard by any other people.
> Read more on vilification
Victimisation

It is against the law for anyone to hassle or victimise you or treat you unfairly because you make a discrimination complaint, even if it is not a formal complaint, or support someone who has made one.
> Read more on victimisation
Examples of complaints

Pregnancy discrimination: A woman complained that her employer suddenly became critical of her work when she told him she was pregnant, and she had to take stress leave. It was agreed that it was not viable for her to return to the job, but the employer agreed to give her a statement of performance and a payment for lost wages.
Age discrimination: A man was told that he was dismissed from work because his employer wanted someone younger. The employer acknowledged that the matter could have been handled better and gave the man an apology, a reference and financial compensation for the loss of his job.
Marital or domestic status discrimination: A single man and his friend were told by a real estate agent that the owner 'wanted a family' to rent his property. The agent agreed that the agency had discriminated against the man, paid him financial compensation and agreed to train staff and owners about anti-discrimination law.
Homosexual discrimination: A lesbian complained that she was barred from a local club because she is a lesbian. After we contacted the club, she applied to join and was successful.
Transgender discrimination: A woman alleged she was made redundant because her supervisor did not want to employ a 'weirdo'. She was the only person made redundant and her position was later advertised. The company agreed to review its anti-discrimination policies and pay the woman $4,000.
Disability discrimination: A woman with an intellectual disability was refused a cheque account at a bank. We contacted the organisation's head office, and they agreed to give the woman the account and instruct the branch office about fair customer service.
Carer's responsibilities discrimination: A man complained that he was refused annual leave to look after his daughter while his partner was overseas. The request was reconsidered and he was granted the leave.
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Race discrimination

• What does the law say about race discrimination?
• When does this law apply?
• Racial vilification is also against the law

• Race discrimination factsheet PDF 136KB
• Examples of conciliated race discrimination complaints
What does the law say about race discrimination?
It is generally against the law in NSW to treat you unfairly or harass you because of:
• your race, colour, nationality, descent, ethnic or ethno-religious background
• the race, colour, nationality, descent, ethnic or ethno-religious background of any of your relatives, friends, associates or work colleagues.
The law is not entirely clear on the definition of ethno-religious background. It would cover a situation where one ethnic group has a particular religion that is exclusive to that group, such as Sikhs. It would be unlikely to cover a situation where people from many different ethnic groups have the same religion, such as Catholics. However there are situations in between these two examples where the coverage is not certain.
Indirect discrimination
Indirect race discrimination is also against the law. This occurs when there is a rule or requirement that disadvantages people of a particular race more than people of other races - unless it can be shown that the rule or requirement is 'reasonable in all the circumstances'.
Following are some examples of requirements that could be against the law:
• it would be against the law for an employer to make you wear a uniform that does not meet your ethno-religious dress needs - unless doing so is reasonable for the particular job
• it would be against the law to stop you speaking in your own language at work or when you are studying at college, university and so on - unless speaking in your language stops the work or study being done properly
• it would be against the law for an employer to insist that you speak English fluently or without an accent - unless this is reasonable for the particular job.
When does this law apply?
Race discrimination is generally against the law in the following areas:
• in employment - when you apply for a job or for a licence or registration to perform a job, when you are at work, or when you leave a job
• when you get, or try to get, most types of goods or services - for example, from shops, banks, lawyers, government departments, the police, public transport, local councils, doctors, hospitals and other medical services, hotels, sporting venues and entertainment venues
• when you apply to get into or study in any educational institution, which includes any government school, non-government school, college or university
• when you rent or buy accommodation such as houses, units, flats, hotel or motel rooms and commercial premises
• when you try to enter or join a registered club, or when you get services from one. A registered club is any club that sells alcohol or has gambling machines.
Racial vilification is also against the law
Racial vilification is also against the anti-discrimination law. Vilification is defined as any public act that could encourage hatred, serious contempt, or severe ridicule towards people of a particular race.
Public acts could include remarks in a newspaper or journal, in other publications, on radio or television or on the internet, including social networking sites. They could also include graffiti, posters, verbal abuse, speeches or statements, gestures and badges or clothing with slogans on them, as long as these are displayed, made or worn in public. The vilification law does not cover acts that are not public, for example abuse over a back fence that no-one else can hear.
Complaints about public threats of violence or incitement to violence should be directed to NSW Police.
Contact:
• Police Assistance Line: 131 444
• NSW Police - Contact Us
The new offence of publicly threatening or inciting violence section 93Z, Crimes Act 1900 replaced the “serious vilification” offences in NSW anti-discrimination law on 13 August 2018.”
You generally have 12 months after the events occurred to lodge a discrimination complaint.
More information on vilification
Vilification

• What does the law say about vilification?
• How can I work out if something is covered by vilification law?
• What can I do about vilification?

Vilification factsheet PDF 141KB
Examples of conciliated vilification complaints
What does the law say about vilification?
In NSW it is generally against the law to vilify people because of their:
• race, colour, nationality, descent, ethnic, ethno-religious or national origin
• homosexuality (lesbian or gay)
• HIV or AIDS status
• transgender status.
This includes vilification because someone is thought to be lesbian, gay or transgender even if they are not, or thought to have HIV or AIDS, even if they don't.
NSW anti-discrimination law defines vilification as a public act that could incite or encourage hatred, serious contempt or severe ridicule towards people because of the above characteristics.
The vilification law only covers acts that are in public. It does not cover acts that are not public, for example abuse over a back fence that no-one else can hear.
Public acts could include the following:
• remarks in a newspaper, journal or other publications
• remarks on radio or television
• material on the internet, including social networking sites such as Facebook and micro-blogging services such as Twitter
• graffiti
• putting up posters or stickers
• verbal abuse
• making speeches or statements
• making gestures
• wearing badges or clothes with slogans on them.
How can I work out if something is covered by vilification law?
To work out whether a particular act is covered by the vilification law, there are three things to check:
1. Did it happen publicly?
Was it possible for any member of the public other than those directly involved to see it, hear it or read it?
2. Could it have incited or encouraged hatred, serious contempt or severe ridicule?
How serious was it? Would it have had an impact on other people?
3. Is it an acceptable type of free speech and therefore legal?
Freedom of speech is also important in our society, so the vilification law makes allowances for this. The following are not against the law:
• A fair report by the media of someone else's act of vilification. The media will only be acting against the law if they add extra vilifying material or commentary to their report.
• Acts that are done 'reasonably and in good faith' for academic, artistic, scientific, research or other purposes in the 'public interest'.
• Material that is privileged, such as statements made in parliament.
If you are not sure about whether the act you are concerned about is against the law, phone our Enquiry Service for more information.
What can I do about vilification?
You can try talking to the person or organisation that is causing the problem. Use whatever help you can. There are a range of community organisations that may be able to help you, for example:

Racial vilification
• Aboriginal Legal Service on (02) 8303 6600
Homosexual vilification
• Gay and Lesbian Counselling Service on (02) 8594 9596 or 1800 184 527,
• Gay and Lesbian Rights Lobby on (02) 9571 5501
Transgender vilification -
• Gender Centre on (02) 9569 2366 or 1800 069 115,
• AIDS Council of NSW on (02) 9206 2000 or 1800 063 060
• Sex Workers Outreach Project on (02) 9319 4866 or 1800 622 902
HIV/AIDS vilification
• AIDS Council of NSW on (02) 9206 2000or 1800 063 060,
• National Association of People Living with HIV and AIDS on (02) 8568 0300 or 1800 259 666
• HIV/AIDS Legal Centre (HALC) Inc. (NSW) - (02) 9206 2060
Public threats of violence and incitement to violence

It is a crime to publicly threaten or incite violence on the grounds of race, religion, sexual orientation, gender identity, intersex or HIV/AIDS status. Complaints about public threats of violence or incitement to violence should be directed to NSW Police.
Contact:
• Police Assistance Line: 131 444
• NSW Police - Contact Us
The new offence of publicly threatening or inciting violence (section 93Z, Crimes Act 1900) replaced the “serious vilification” offences in NSW anti-discrimination law on 13 August 2018.
If you have been threatened with violence or you are physically attacked, you can also contact:
• the Gay and Lesbian Anti-Violence Project on (02) 9206 2116 or 1800 063 060
• a chamber magistrate to discuss the possibility of getting an 'apprehended personal violence order', that is, an order to prevent any further violence. More information about getting an apprehended personal violence order
• the police - You can ask to speak to a Police Aboriginal Community Liaison Officer, a LGBTIQ Liaison Officer (known as GLLO) or an officer of your own ethnic or ethno-religious background.
If you need further help in dealing with the police, you can contact the Police Customer Assistance Unit on 1800 622 571.
Media complaints

Depending what type of media is involved, you may be able to complain to:
• the Australian Communications and Media Authority on (02) 9334 7700 or 1800 226 667
• the Advertising Standards Bureau on (02) 6173 1500
• the Australian Press Council on (02) 9261 1930 or 1800 025 712.
Of course, you can also complain to the editor or manager of the media organisation causing the problem.
Neighbour problems
If you are having a problem with your neighbour, the Department of Human Services or Housing NSW or a Community Justice Centre may be able to help you. You can also contact a Community Justice Centre, as they mediate problems between neighbours

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Discrimination

What is discrimination?
What types of discrimination are against the law in NSW?
Sexual harassment
When does this law apply?
Vilification
Victimisation
Examples of complaints

Download factsheets:
Discrimination and the Anti-Discrimination NSW [PDF, 126KB]
Unfair treatment - your rights (For people from non-English speaking backgrounds) [PDF 135KB]
What you can do if you are treated unfairly (For people with intellectual disabilities) [PDF 313KB]
For Aboriginal and Torres Strait Islander people [PDF, 261KB]
What is discrimination?

Discrimination occurs when someone is treated less favourably than others in similar circumstances, and it is because they belong to a particular group of people or have a particular characteristic. 'Less favourably' means you have suffered a loss, harm or injury.
There are two types of discrimination, direct discrimination and indirect discrimination.
> Read more on direct and indirect discrimination
Bullying and harassment may also be covered by anti-discrimination law when it happens because of one of the characteristics listed below.
>Read more on harassment
What types of discrimination are against the law in NSW?
Age discrimination
When you are treated less favourably because of your age - for example because people think you are too old or too young. Forcing people to retire at any particular age is also against the law.
> Read more on age discrimination
Carer's responsibilities discrimination
When you are treated less favourably because you are responsible for caring for or supporting certain family members, or people think you are.
> Read more on carer's discrimination
Disability discrimination
When you are treated less favourably because:
you have a disability,
someone thinks you have a disability,
you had a disability in the past, or
you may or will get a disability in the future.
Disability includes physical disabilities, diseases that make the body or brain work differently, mental illness (psychiatric disability), behavioural disorders, intellectual disabilities, learning disabilities, changed or different body parts, and any virus or bacteria in the body that could cause disease (such as HIV).
> Read more on disability discrimination
Homosexual discrimination
When you are treated less favourably because you are gay or lesbian, or someone thinks you are gay or lesbian.
> Read more on homosexual discrimination
Marital or domestic status discrimination
When you are treated less favourably because of your marital or domestic status - for example because you are single, or married, or living in a de facto relationship.
> Read more on marital status discrimination
Race discrimination
When you are treated less favourably because of your race, colour, ethnic background, ethno-religious background, descent or nationality.
> Read more on race discrimination
Sex discrimination
When you are treated less favourably because you are a woman or because you are a man. This includes being treated unfairly or harassed or not given the same opportunities because you are pregnant or breastfeeding.
> Read more on sex discrimination
Transgender discrimination
When you are treated less favourably because you are transgender or people think you are transgender. You are counted as transgender if you identify as the opposite gender (sex) to your birth gender and you live or seek to live as your identified gender.
> Read more on transgender discrimination
Discrimination because of who you are related to, or who you associate with
When you are treated less favourably because of the sex, pregnancy, breastfeeding, race, age, marital or domestic status, homosexuality, disability or transgender status of one of your relatives, friends or associates.
Sexual harassment
Sexual harassment is also against the law. This is when you are subjected to:
unwelcome sexual advances,
unwelcome requests for sexual favours, or
other unwelcome conduct of a sexual nature, and
a reasonable person would have expected you to be offended, humiliated or intimidated by this behaviour.
> Read more on sexual harassment
When does this law apply?
The law generally applies in five main areas of public life, apart from discrimination because of carer's responsibilities, which is only against the law in employment. The areas are as follows:
Employment
When you apply for job, when you are at work and when you leave a job. This also covers bodies which issue licences to perform particular jobs, for example taxi licences or registration to practice as a nurse.
Goods and services
When you get or try to get most types of goods or services - for example, from shops, banks, lawyers, government departments, the police, public transport, local councils, doctors, hospitals and other medical services, hotels, sporting venues and entertainment venues.
State education
When you apply to get into or study in any State educational institution, which includes any government school, college or university. Also, private educational institutions are not allowed to discriminate against people because of their race, or allow sexual harassment to occur. However the law does not cover other types of discrimination in private educational institutions.
Accommodation
When you rent accommodation such as houses, units, flats, hotel or motel rooms, caravans or commercial premises.
Registered clubs
When you try to enter or join a registered club, or get services from one. A registered club is any club that sells alcohol or has gambling machines.
Vilification

Vilification is any public act that could incite or encourage hatred, serious contempt or severe ridicule. In NSW it is against the law to vilify people because of their race, homosexuality or transgender status, or because they have HIV/AIDS.

Public acts could include remarks in the media or on the internet, graffiti, posters, verbal abuse, speeches, badges and clothing with slogans on them. The vilification law does not cover acts that are not public, for example abuse over a back fence that cannot be heard by any other people.
> Read more on vilification
Victimisation

It is against the law for anyone to hassle or victimise you or treat you unfairly because you make a discrimination complaint, even if it is not a formal complaint, or support someone who has made one.
> Read more on victimisation
Examples of complaints

Pregnancy discrimination: A woman complained that her employer suddenly became critical of her work when she told him she was pregnant, and she had to take stress leave. It was agreed that it was not viable for her to return to the job, but the employer agreed to give her a statement of performance and a payment for lost wages.
Age discrimination: A man was told that he was dismissed from work because his employer wanted someone younger. The employer acknowledged that the matter could have been handled better and gave the man an apology, a reference and financial compensation for the loss of his job.
Marital or domestic status discrimination: A single man and his friend were told by a real estate agent that the owner 'wanted a family' to rent his property. The agent agreed that the agency had discriminated against the man, paid him financial compensation and agreed to train staff and owners about anti-discrimination law.
Homosexual discrimination: A lesbian complained that she was barred from a local club because she is a lesbian. After we contacted the club, she applied to join and was successful.
Transgender discrimination: A woman alleged she was made redundant because her supervisor did not want to employ a 'weirdo'. She was the only person made redundant and her position was later advertised. The company agreed to review its anti-discrimination policies and pay the woman $4,000.
Disability discrimination: A woman with an intellectual disability was refused a cheque account at a bank. We contacted the organisation's head office, and they agreed to give the woman the account and instruct the branch office about fair customer service.
Carer's responsibilities discrimination: A man complained that he was refused annual leave to look after his daughter while his partner was overseas. The request was reconsidered and he was granted the leave.

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Race discrimination

• What does the law say about race discrimination?
• When does this law apply?
• Racial vilification is also against the law
• Race discrimination factsheet PDF 136KB
• Examples of conciliated race discrimination complaints
What does the law say about race discrimination?
It is generally against the law in NSW to treat you unfairly or harass you because of:
• your race, colour, nationality, descent, ethnic or ethno-religious background
• the race, colour, nationality, descent, ethnic or ethno-religious background of any of your relatives, friends, associates or work colleagues.
The law is not entirely clear on the definition of ethno-religious background. It would cover a situation where one ethnic group has a particular religion that is exclusive to that group, such as Sikhs. It would be unlikely to cover a situation where people from many different ethnic groups have the same religion, such as Catholics. However there are situations in between these two examples where the coverage is not certain.
Indirect discrimination
Indirect race discrimination is also against the law. This occurs when there is a rule or requirement that disadvantages people of a particular race more than people of other races - unless it can be shown that the rule or requirement is 'reasonable in all the circumstances'.
Following are some examples of requirements that could be against the law:
• it would be against the law for an employer to make you wear a uniform that does not meet your ethno-religious dress needs - unless doing so is reasonable for the particular job
• it would be against the law to stop you speaking in your own language at work or when you are studying at college, university and so on - unless speaking in your language stops the work or study being done properly
• it would be against the law for an employer to insist that you speak English fluently or without an accent - unless this is reasonable for the particular job.
When does this law apply?
Race discrimination is generally against the law in the following areas:
• in employment - when you apply for a job or for a licence or registration to perform a job, when you are at work, or when you leave a job
• when you get, or try to get, most types of goods or services - for example, from shops, banks, lawyers, government departments, the police, public transport, local councils, doctors, hospitals and other medical services, hotels, sporting venues and entertainment venues
• when you apply to get into or study in any educational institution, which includes any government school, non-government school, college or university
• when you rent or buy accommodation such as houses, units, flats, hotel or motel rooms and commercial premises
• when you try to enter or join a registered club, or when you get services from one. A registered club is any club that sells alcohol or has gambling machines.
Racial vilification is also against the law
Racial vilification is also against the anti-discrimination law. Vilification is defined as any public act that could encourage hatred, serious contempt, or severe ridicule towards people of a particular race.
Public acts could include remarks in a newspaper or journal, in other publications, on radio or television or on the internet, including social networking sites. They could also include graffiti, posters, verbal abuse, speeches or statements, gestures and badges or clothing with slogans on them, as long as these are displayed, made or worn in public. The vilification law does not cover acts that are not public, for example abuse over a back fence that no-one else can hear.
Complaints about public threats of violence or incitement to violence should be directed to NSW Police.
Contact:
• Police Assistance Line: 131 444
• NSW Police - Contact Us
The new offence of publicly threatening or inciting violence section 93Z, Crimes Act 1900 replaced the “serious vilification” offences in NSW anti-discrimination law on 13 August 2018.”
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More information on vilification

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Vilification

What does the law say about vilification?
How can I work out if something is covered by vilification law?
What can I do about vilification?

Vilification factsheet PDF 141KB
Examples of conciliated vilification complaints
What does the law say about vilification?
In NSW it is generally against the law to vilify people because of their:
race, colour, nationality, descent, ethnic, ethno-religious or national origin
homosexuality (lesbian or gay)
HIV or AIDS status
transgender status.
This includes vilification because someone is thought to be lesbian, gay or transgender even if they are not, or thought to have HIV or AIDS, even if they don't.
NSW anti-discrimination law defines vilification as a public act that could incite or encourage hatred, serious contempt or severe ridicule towards people because of the above characteristics.
The vilification law only covers acts that are in public. It does not cover acts that are not public, for example abuse over a back fence that no-one else can hear.
Public acts could include the following:
remarks in a newspaper, journal or other publications
remarks on radio or television
material on the internet, including social networking sites such as Facebook and micro-blogging services such as Twitter
graffiti
putting up posters or stickers
verbal abuse
making speeches or statements
making gestures
wearing badges or clothes with slogans on them.
How can I work out if something is covered by vilification law?
To work out whether a particular act is covered by the vilification law, there are three things to check:
Did it happen publicly?
Was it possible for any member of the public other than those directly involved to see it, hear it or read it?
Could it have incited or encouraged hatred, serious contempt or severe ridicule?
How serious was it? Would it have had an impact on other people?
Is it an acceptable type of free speech and therefore legal?
Freedom of speech is also important in our society, so the vilification law makes allowances for this. The following are not against the law:
A fair report by the media of someone else's act of vilification. The media will only be acting against the law if they add extra vilifying material or commentary to their report.
Acts that are done 'reasonably and in good faith' for academic, artistic, scientific, research or other purposes in the 'public interest'.
Material that is privileged, such as statements made in parliament.
If you are not sure about whether the act you are concerned about is against the law, phone our Enquiry Service for more information.
What can I do about vilification?
You can try talking to the person or organisation that is causing the problem. Use whatever help you can. There are a range of community organisations that may be able to help you, for example:

Racial vilification
Aboriginal Legal Service on (02) 8303 6600
Homosexual vilification
Gay and Lesbian Counselling Service on (02) 8594 9596 or 1800 184 527,
Gay and Lesbian Rights Lobby on (02) 9571 5501
Transgender vilification -
Gender Centre on (02) 9569 2366 or 1800 069 115,
AIDS Council of NSW on (02) 9206 2000 or 1800 063 060
Sex Workers Outreach Project on (02) 9319 4866 or 1800 622 902
HIV/AIDS vilification
AIDS Council of NSW on (02) 9206 2000or 1800 063 060,
National Association of People Living with HIV and AIDS on (02) 8568 0300 or 1800 259 666
HIV/AIDS Legal Centre (HALC) Inc. (NSW) - (02) 9206 2060
Public threats of violence and incitement to violence

It is a crime to publicly threaten or incite violence on the grounds of race, religion, sexual orientation, gender identity, intersex or HIV/AIDS status. Complaints about public threats of violence or incitement to violence should be directed to NSW Police.
Contact:
Police Assistance Line: 131 444
NSW Police - Contact Us
The new offence of publicly threatening or inciting violence (section 93Z, Crimes Act 1900) replaced the “serious vilification” offences in NSW anti-discrimination law on 13 August 2018.
If you have been threatened with violence or you are physically attacked, you can also contact:
the Gay and Lesbian Anti-Violence Project on (02) 9206 2116 or 1800 063 060
a chamber magistrate to discuss the possibility of getting an 'apprehended personal violence order', that is, an order to prevent any further violence. More information about getting an apprehended personal violence order
the police - You can ask to speak to a Police Aboriginal Community Liaison Officer, a LGBTIQ Liaison Officer (known as GLLO) or an officer of your own ethnic or ethno-religious background.
If you need further help in dealing with the police, you can contact the Police Customer Assistance Unit on 1800 622 571.
Media complaints

Depending what type of media is involved, you may be able to complain to:
the Australian Communications and Media Authority on (02) 9334 7700 or 1800 226 667
the Advertising Standards Bureau on (02) 6173 1500
the Australian Press Council on (02) 9261 1930 or 1800 025 712.
Of course, you can also complain to the editor or manager of the media organisation causing the problem.
Neighbour problems
If you are having a problem with your neighbour, the Department of Human Services or Housing NSW or a Community Justice Centre may be able to help you. You can also contact a Community Justice Centre, as they mediate problems between neighbours.

Discrimination

• What is discrimination?
• What types of discrimination are against the law in NSW?
• Sexual harassment
• When does this law apply?
• Vilification
• Victimisation
• Examples of complaints

Download factsheets:
• Discrimination and the Anti-Discrimination NSW [PDF, 126KB]
• Unfair treatment - your rights (For people from non-English speaking backgrounds) [PDF 135KB]
• What you can do if you are treated unfairly (For people with intellectual disabilities) [PDF 313KB]
• For Aboriginal and Torres Strait Islander people [PDF, 261KB]
What is discrimination?

Discrimination occurs when someone is treated less favourably than others in similar circumstances, and it is because they belong to a particular group of people or have a particular characteristic. 'Less favourably' means you have suffered a loss, harm or injury.
There are two types of discrimination, direct discrimination and indirect discrimination.
> Read more on direct and indirect discrimination
Bullying and harassment may also be covered by anti-discrimination law when it happens because of one of the characteristics listed below.
>Read more on harassment
What types of discrimination are against the law in NSW?
Age discrimination
When you are treated less favourably because of your age - for example because people think you are too old or too young. Forcing people to retire at any particular age is also against the law.
> Read more on age discrimination
Carer's responsibilities discrimination
When you are treated less favourably because you are responsible for caring for or supporting certain family members, or people think you are.
> Read more on carer's discrimination
Disability discrimination
When you are treated less favourably because:
• you have a disability,
• someone thinks you have a disability,
• you had a disability in the past, or
• you may or will get a disability in the future.
Disability includes physical disabilities, diseases that make the body or brain work differently, mental illness (psychiatric disability), behavioural disorders, intellectual disabilities, learning disabilities, changed or different body parts, and any virus or bacteria in the body that could cause disease (such as HIV).
> Read more on disability discrimination
Homosexual discrimination
When you are treated less favourably because you are gay or lesbian, or someone thinks you are gay or lesbian.
> Read more on homosexual discrimination
Marital or domestic status discrimination
When you are treated less favourably because of your marital or domestic status - for example because you are single, or married, or living in a de facto relationship.
> Read more on marital status discrimination
Race discrimination
When you are treated less favourably because of your race, colour, ethnic background, ethno-religious background, descent or nationality.
> Read more on race discrimination
Sex discrimination
When you are treated less favourably because you are a woman or because you are a man. This includes being treated unfairly or harassed or not given the same opportunities because you are pregnant or breastfeeding.
> Read more on sex discrimination
Transgender discrimination
When you are treated less favourably because you are transgender or people think you are transgender. You are counted as transgender if you identify as the opposite gender (sex) to your birth gender and you live or seek to live as your identified gender.
> Read more on transgender discrimination
Discrimination because of who you are related to, or who you associate with
When you are treated less favourably because of the sex, pregnancy, breastfeeding, race, age, marital or domestic status, homosexuality, disability or transgender status of one of your relatives, friends or associates.
Sexual harassment
Sexual harassment is also against the law. This is when you are subjected to:
• unwelcome sexual advances,
• unwelcome requests for sexual favours, or
• other unwelcome conduct of a sexual nature, and
• a reasonable person would have expected you to be offended, humiliated or intimidated by this behaviour.
> Read more on sexual harassment
When does this law apply?
The law generally applies in five main areas of public life, apart from discrimination because of carer's responsibilities, which is only against the law in employment. The areas are as follows:
Employment
When you apply for job, when you are at work and when you leave a job. This also covers bodies which issue licences to perform particular jobs, for example taxi licences or registration to practice as a nurse.
Goods and services
When you get or try to get most types of goods or services - for example, from shops, banks, lawyers, government departments, the police, public transport, local councils, doctors, hospitals and other medical services, hotels, sporting venues and entertainment venues.
State education
When you apply to get into or study in any State educational institution, which includes any government school, college or university. Also, private educational institutions are not allowed to discriminate against people because of their race, or allow sexual harassment to occur. However the law does not cover other types of discrimination in private educational institutions.
Accommodation
When you rent accommodation such as houses, units, flats, hotel or motel rooms, caravans or commercial premises.
Registered clubs
When you try to enter or join a registered club, or get services from one. A registered club is any club that sells alcohol or has gambling machines.
Vilification

Vilification is any public act that could incite or encourage hatred, serious contempt or severe ridicule. In NSW it is against the law to vilify people because of their race, homosexuality or transgender status, or because they have HIV/AIDS.

Public acts could include remarks in the media or on the internet, graffiti, posters, verbal abuse, speeches, badges and clothing with slogans on them. The vilification law does not cover acts that are not public, for example abuse over a back fence that cannot be heard by any other people.
> Read more on vilification
Victimisation

It is against the law for anyone to hassle or victimise you or treat you unfairly because you make a discrimination complaint, even if it is not a formal complaint, or support someone who has made one.
> Read more on victimisation
Examples of complaints

Pregnancy discrimination: A woman complained that her employer suddenly became critical of her work when she told him she was pregnant, and she had to take stress leave. It was agreed that it was not viable for her to return to the job, but the employer agreed to give her a statement of performance and a payment for lost wages.
Age discrimination: A man was told that he was dismissed from work because his employer wanted someone younger. The employer acknowledged that the matter could have been handled better and gave the man an apology, a reference and financial compensation for the loss of his job.
Marital or domestic status discrimination: A single man and his friend were told by a real estate agent that the owner 'wanted a family' to rent his property. The agent agreed that the agency had discriminated against the man, paid him financial compensation and agreed to train staff and owners about anti-discrimination law.
Homosexual discrimination: A lesbian complained that she was barred from a local club because she is a lesbian. After we contacted the club, she applied to join and was successful.
Transgender discrimination: A woman alleged she was made redundant because her supervisor did not want to employ a 'weirdo'. She was the only person made redundant and her position was later advertised. The company agreed to review its anti-discrimination policies and pay the woman $4,000.
Disability discrimination: A woman with an intellectual disability was refused a cheque account at a bank. We contacted the organisation's head office, and they agreed to give the woman the account and instruct the branch office about fair customer service.
Carer's responsibilities discrimination: A man complained that he was refused annual leave to look after his daughter while his partner was overseas. The request was reconsidered and he was granted the leave.

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from katrine elizabeth sackett32463 whitelady (5'3)(5'21/2)
internet under google
aug 2019

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