Our society has changed significantly since 1977, yet NSW’s Anti-Discrimination Act has not kept pace. Mental Health Coordinating Council has welcomed the opportunity to contribute to the NSW Law Reform Commission’s long-overdue review of the Act.

What it’s about

Mental Health Coordinating Council has provided a submission to the review of the Anti-Discrimination Act 1977 (NSW) . Our submission proposes amendments to the law to enhance opportunities for people with lived experience to equity and access to health and human services, in regulatory, workplace and social contexts, and in engaging with the law on equal terms with others in the community.

Background

The NSW Attorney General has asked the Law Reform Commission to review and recommend ways to improve, simplify, and modernise the Anti-Discrimination Act. The Commission has released its first consultation paper focusing on prohibited conduct under the Act, including discrimination, vilification, sexual harassment, and victimisation. Feedback is being sought from Mental Health Coordinating Council, other organisations, individuals, and interested stakeholders. A second consultation paper is expected to follow, addressing enforcement procedures such as complaint processes and other mechanisms for tackling unlawful conduct.

Why it matters

Society has changed a great deal since 1977, yet NSW’s Anti-Discrimination Act has not kept pace. A review of the act is essential to ensuring it provides effective, inclusive and enforceable protections. This is particularly important for people living with mental health and psychosocial challenges that characteristically experience stigma and discrimination in every aspect of their lives.

Mental Health Coordinating Council is keen to see discrimination considered from a broader perspective that considers the social determinants of health and the dynamic social and political environment in which the Act operates. Changes to the Act should address the increasing complex needs of a diverse population, who rightly should expect to be treated with dignity and respect whatever their circumstances.

Key issues

•  The Act is considered cumbersome, wordy, and confusing, making it difficult for individuals to understand and navigate. This complexity can be a barrier to asserting rights or seeking justice.
• Unlike more modern anti-discrimination frameworks, the Act does not impose positive duties on employers or service providers to prevent discrimination or make reasonable adjustments proactively.
• The Act does not adequately address intersectional discrimination, for example where the presence of mental health challenges intersects with other identities like race, gender, disability or sexuality. This can result in fragmented or insufficient protection for people facing complex forms of discrimination.
• People with lived experience of mental health challenges often face barriers to accessing justice including:
  • Lack of support services to help navigate complaints
  • Limited capacity within Anti-Discrimination NSW (ADNSW) to handle cases effectively
  • No provision for decision support services, which are crucial for individuals living with mental health and psychosocial disabilities.
• Currently there is lack of meaningful involvement of people with lived experience in shaping the law and its implementation. Advocacy groups argue that reforms must be co-designed with affected communities to ensure relevance and effectiveness.

Our Recommendations

We support changes to the Anti-Discrimination Act that:

• Promote substantive equality – which is treating everyone the same, and which considers systemic disadvantage and real-world impacts, and introduces positive duties to prevent discrimination proactively.
• Make intersectionality and mental health awareness training available – for public servants, educators, and frontline workers supported by community-led education campaigns to raise awareness of rights and supports.
• Expand vilification protections – to include attributes like disability, mental health, neurodiversity and gender identity, and provide both civil and criminal remedies for hate speech and harassment.

What happens next

The Law Reform Commission will consider the feedback received from the first consultation before possibly releasing a second paper on enforcement procedures, complaint processes, and other ways to address unlawful conduct. Mental Health Coordinating Council will continue to respond to consultation opportunities as they arise, advocating for reforms that ensure the Anti-Discrimination Act is fit for purpose in today’s NSW.