{"id":"nsw:sl-2019-0381","name":"Anti-Discrimination Regulation 2019","slug":"anti-discrimination-regulation-2019","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"381 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176489,"registerId":"nsw-nsw:sl-2019-0381-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Anti-Discrimination Regulation 2019](/view/html/inforce/current/sl-2019-0381).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note.\n> \n> This Regulation repeals and replaces the [Anti-Discrimination Regulation 2014](/view/html/repealed/current/sl-2014-0554), which would otherwise be repealed on 1 September 2019 by section 10(2) of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> > (1) In this Regulation—\n> > \n> > the Act means the [Anti-Discrimination Act 1977](/view/html/inforce/current/act-1977-048).\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) Notes included in this Regulation do not form part of this Regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Lawful activities of registered clubs","content":"#### 4 Lawful activities of registered clubs\n\n4 Lawful activities of registered clubs\n\n> > (1) For the purposes of section 49ZYX of the Act, the provision, in good faith, of a benefit, including a concession, to a member of a registered club by reason of the member’s age is declared to be lawful.\n> \n> > (2) Without limiting subclause (1), a benefit or concession may comprise a lower membership fee than the membership fee that is paid by other members of the registered club.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Use of email to lodge complaints","content":"#### 5 Use of email to lodge complaints\n\n5 Use of email to lodge complaints\n\n> For the purposes of section 89A(2)(c) of the Act, a complaint may be lodged with the President by email to an email address specified on the Board’s website.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Matters to be considered in relation to exemption orders","content":"#### 6 Matters to be considered in relation to exemption orders\n\n6 Matters to be considered in relation to exemption orders\n\n> > (1) The President, when exercising a function under section 126 of the Act in relation to a proposed exemption under that section, is to consider the following matters—\n> > \n> > > (a) whether the proposed exemption is appropriate or reasonable,\n> > \n> > > (b) whether the proposed exemption is necessary,\n> > \n> > > (c) whether there are any non-discriminatory ways of achieving the objects or purposes for which the proposed exemption is sought,\n> > \n> > > (d) whether the proponent of the proposed exemption has taken reasonable steps, or is able to take any reasonable steps, to avoid or reduce the adverse effect of a particular act or action before seeking the exemption,\n> > \n> > > (e) the public, business, social or other community impact of the granting of the proposed exemption,\n> > \n> > > (f) any conditions or limitations to be contained in the proposed exemption.\n> \n> > (2) In this clause, proposed exemption includes a proposed renewal, variation or revocation of an exemption.\n> \n> > (3) Nothing in this clause limits the power of the President to consider any other matters when exercising functions under section 126 of the Act.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Repeal and savings","content":"#### 7 Repeal and savings\n\n7 Repeal and savings\n\n> > (1) The [Anti-Discrimination Regulation 2014](/view/html/repealed/current/sl-2014-0554) is repealed.\n> \n> > (2) Any act, matter or thing that, immediately before the repeal of the [Anti-Discrimination Regulation 2014](/view/html/repealed/current/sl-2014-0554), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":6}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Regulation maintains its original narrow, procedural scope. It performs the standard function of a subordinate regulation: filling operational gaps in the primary legislation (email complaints, specific exemptions for clubs, administrative guidance for exemption decisions). The 2019 version is a direct replacement of the 2014 version with no expansion into new policy areas."},"complexity_factors":["Only 7 clauses total, with minimal text","Single defined term ('the Act') in the interpretation section","No nested exceptions or complex conditional logic","Straightforward declaratory provisions (clause 4), procedural rules (clause 5), and mandatory considerations (clause 6)","Minimal cross-referencing — only references to specific sections of the parent Act (1977) and the repealed 2014 Regulation"],"plain_english_summary":"**What this Regulation does:**\n\nThis is a short, technical piece of NSW subordinate legislation (a \"Regulation\") that supports the main **Anti-Discrimination Act 1977**. It sets out specific operational details that the main Act doesn't cover.\n\n**Key things it covers:**\n\n*   **Registered clubs can give age-based discounts** — Clubs (like RSLs, leagues clubs, or bowling clubs) can legally offer cheaper membership fees or other benefits to older members (for example, pensioner rates) without this counting as illegal age discrimination.\n\n*   **How to complain by email** — People who want to make a discrimination complaint to the President of the Anti-Discrimination Board can now do so by email to an address listed on the Board's website.\n\n*   **What the President must consider when granting exemptions** — Sometimes organisations can get an exemption from discrimination laws (for example, a religious school wanting to hire only people of that faith). This Regulation lists what the President must weigh up when deciding: Is it necessary? Are there less discriminatory alternatives? What's the impact on the community? What conditions should apply?\n\n*   **Saves old decisions** — Anything that was valid under the old 2014 Regulation stays valid under this new one.\n\n**Who it affects:**\n\n*   Registered clubs and their members (especially older members getting discounts)\n*   Anyone making a discrimination complaint\n*   Organisations seeking exemptions from discrimination laws\n*   The President of the Anti-Discrimination Board\n\n**Why it matters:**\n\nThis Regulation keeps the anti-discrimination system working day-to-day. Without it, clubs couldn't legally offer pensioner discounts, complainants would be stuck with paper forms, and the President would have no guidance on how to judge exemption applications."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulation expressly repeals the 2014 instrument while preserving existing legal effects (cl. 7(2)). It clarifies procedural and substantive rules (age concessions, email lodging, exemption factors) but does not expand or contract the statutory subjects covered by the Anti-Discrimination Act."},"complexity_factors":["Interplay with the Anti-Discrimination Act and Interpretation Act definitions and rules (cl. 3) increases interpretive dependency.","Legal validation of age-based benefits for registered clubs creates a private-sector compliance change and potential differential pricing effects (cl. 4).","Allowing email complaints shifts administrative procedure and raises evidentiary and record-keeping considerations for the Board/President (cl. 5).","The President’s exemption assessment lists multiple, qualitative factors that require discretionary judgment and balancing of public, business and social impacts (cl. 6).","Repeal with savings maintains continuity but requires mapping prior exemptions and actions into the new regulation (cl. 7(1)–(2))."],"plain_english_summary":"**What this does (mechanically):** This regulation updates rules under the Anti-Discrimination Act 1977 to clarify that age-based concessions by registered clubs are lawful, to allow complaints to be lodged by email to an address on the Board’s website, to set matters the President must weigh when considering exemption orders, and to repeal the 2014 Regulation.\n\n**Who it affects and why it matters:** It affects registered clubs, people lodging complaints, and the President/Board; it changes compliance and administrative procedures, the scope of lawful club practices, and the decision‑making framework for exemptions."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be meaningfully assessed as the substantive content of the regulation was not included in the provided text. The document is solely a status and metadata page from the NSW legislation website."},"complexity_factors":["No substantive legislative content was provided — only website navigation, metadata, and status information","Cannot assess definitional complexity, scope of obligations, or enforcement mechanisms without the actual text","The only legally meaningful content is the scheduled repeal date (1 September 2026), which is straightforward"],"plain_english_summary":"The Anti-Discrimination Regulation 2019 (NSW) is a subordinate regulation made under the Anti-Discrimination Act 1977, in force since 16 August 2019 and slated for automatic repeal on 1 September 2026. The provided document is metadata/status only and does not include the regulation’s substantive text.\n\nIt likely supports how the Act operates and therefore affects people and organisations in NSW governed by anti‑discrimination law, but the actual rights or obligations can’t be determined without the full regulation."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/anti-discrimination-regulation-2019","history":"/api/acts/anti-discrimination-regulation-2019/history","analysis":"/api/acts/anti-discrimination-regulation-2019/analysis","conflicts":"/api/acts/anti-discrimination-regulation-2019/conflicts","importantCases":"/api/acts/anti-discrimination-regulation-2019/important-cases","documents":"/api/acts/anti-discrimination-regulation-2019/documents"}}