NSW Anti Discrimination Act 1977- Extend time limits and provide the right to appeal complaint terminations
Petitioner:
Mrs Jacqui Woodhouse
| Member:
Catley, Yasmin
| No. of Signatories:
265
| Date closed:
30/12/2022
To the Speaker and Members of the Legislative Assembly,
Currently complaints of sexual harassment and sex discrimination to the Anti Discrimination Board of NSW can be declined by the President if whole or part of the conduct complained of occurred more than 12 months before the making of the complaint. It is completely at the discretion of the President whether a person’s complaint is heard after 12 months.
The decision of the President to decline a complaint cannot be appealed or reviewed by the NSW Civil and Administrative Tribunal (NCAT) either. The President’s decision is final.
The Government has already amended the Anti Discrimination Act many times yet has failed to address time limitations for complaints or provide an avenue to appeal the decision to terminate a complaint.
This is a pertinent issue that must be addressed especially when we know not all victims of sexual harassment and/or discrimination come forward immediately. The Act should reflect the reality of harassment and discrimination in the workplace.
We the Petitioners therefore ask the Legislative Assembly to amend the Anti Discrimination Act 1977 and make it consistent with relevant Commonwealth legislation by:-
1. Extending the time limits to a minimum of 2 years for the making of a complaint.
2. Repeal Section 89B (4) and allow for a termination decision to be reviewed by NCAT.
