MORE COMPENSATION FOR VICTIMS OF DISCRIMINATION
The maximum compensation pay-out for victims of unlawful discrimination will more than double under legislation introduced into NSW Parliament today.
NSW Attorney General John Hatzistergos said reforms to the Administrative Decisions Tribunal Act 1997 would give the Tribunal the power to award victims up to $100,000 if unlawful compensation was proven.
"This is a significant increase from the current cap of $40,000," Mr Hatzistergos said.
"People who are found to have suffered discrimination, whether it be on the basis of gender, sexuality, disability or racism, will benefit from the increase in the damages cap.
"It will allow the Tribunal to make compensation awards that better reflect the seriousness of the consequences of discrimination and more in line with damages available in other jurisdictions."
He said it also follows moves by the NSW Government to harmonise antidiscrimination laws with the Commonwealth and other states and territories through the Standing Committee of Attorneys General.
Other reforms in the Bill, also working towards harmonisation, include transferring the power to grant exemptions from the operation of the Anti Discrimination Act 1977 from the Attorney General to the President of the Anti-Discrimination Board. Appeals would be heard in the Tribunal.
In addition, a range of miscellaneous amendments are being introduced which relate to the operation, functions and constitution of the Administrative Decisions Tribunal.
The changes were prompted by a statutory review of the Act and consultation with key stakeholders including government agencies, the legal profession and the Tribunal.
Mr Hatzistergos said a number of recommendations were being implemented which strike a balance between operational reform, while still ensuring the Tribunal remains an independent, accessible and cost-effective forum.
