1. whether the Act could be modernised and simplified to better promote the equal enjoyment of rights and reflect contemporary community standards
2. whether the range of attributes protected against discrimination requires reform
3. whether the areas of public life in which discrimination is unlawful should be reformed
4. whether the existing tests for discrimination are clear, inclusive and reflect modern understandings of discrimination
5. the adequacy of protections against vilification, including (but not limited to) whether these protections should be harmonised with the criminal law
6. the adequacy of the protections against sexual harassment and whether the Act should cover harassment based on other protected attributes
7. whether the Act should include positive obligations to prevent harassment, discrimination and vilification, and to make reasonable adjustments to promote full and equal participation in public life
8. exceptions, special measures and exemption processes
9. the adequacy and accessibility of complaints procedures and remedies
10. the powers and functions of the Anti-Discrimination Board of NSW and its President, including potential mechanisms to address systemic discrimination
11. the protections, processes and enforcement mechanisms that exist in other Australian and international anti-discrimination and human rights laws, and other NSW laws
12. the interaction between the Act and Commonwealth anti-discrimination laws
13. any other matters the Commission considers relevant to these Terms of Reference.
In Victoria the Department of Justice and Community Safety is seeking comments on proposed reforms to change Victorian law to strengthen the state’s anti-vilification protections. The proposals are a consequence of recommendations in the 2021 Anti-vilification Protections report from Parliament’s Legal & Social Issues Committee.
The questions in the associated discussion paper are
1a. Do you have any views on the current protections for race and religion?
1b. Government proposes to extend current protections beyond race and religion. What do you think this should look like?
2. Do you have any views on how the anti-vilification protections should apply to people with disability?
3. Do you have any views on how the anti-vilification protections should apply to people living with HIV/AIDS?
4. Do you have any views on how the anti-vilification protections should apply to LGBTIQ+ communities?
5. Do you have any views on how the anti-vilification protections should apply to protect people based on sex?
6. Do you have any views on how the anti-vilification protections should apply to protect people who are associated with targeted groups?
7. Do you have any views on clarifying the law to ensure individuals can make vilification complaints based on one or more attributes? ;
