What does the law say about homosexual discrimination?

It is generally against the law in NSW to treat you unfairly or harass you because:

• you are gay or lesbian; • someone thinks you are gay or lesbian; or • because you have a relative, friend, associate or work colleague who is gay or lesbian, or someone thinks they are gay or lesbian.

Indirect homosexual discrimination is also against the law. This occurs when there is a rule or requirement that disadvantages gay men or lesbians more than heterosexuals — unless it can be shown that the rule or requirement is “reasonable in all the circumstances”.

For example, it could be indirect discrimination for a school to insist that students bring partners of the opposite sex to a school dance, because heterosexual students would be able to bring their boyfriends or girlfriends, but homosexual students would not.
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When does this law apply?

Homosexual discrimination is against the law in the following areas:

• in employment — when you apply for a job or for a licence or registration to perform a job, when you are at work, or when you leave a job; • when you get or try to get most types of goods or services — for example, from shops, banks, lawyers, government departments, the police, public transport, local councils, doctors, hospitals and other medical services, hotels, sporting venues and entertainment venues; • when you apply to get into or study in any State education institution, which includes any government school, college or university; • when you rent accommodation such as houses, units, hotel or motel rooms and commercial premises; and • when you try to enter or join a registered club, or when you get services from one. A registered club is a club that sells alcohol or has gambling machines.

Homosexual vilification is also against the law

Homosexual vilification is also