New South Wales Legislation

The Anti-Discrimination Act 1977 (NSW), can be found here:

This act covers discrimination on a number of grounds and in a number of areas. The pertinent ground and area for the girl school uniform debate is sex and education.

While we encourage you to peruse the legislation document, we have outlined below the crucial areas for the girl school uniform debate:

Relevant sections for school uniforms:

Section 24  What constitutes discrimination on the ground of sex

(1) A person (“the perpetrator”) discriminates against another person (“the aggrieved person”) on the ground of sex if the perpetrator:

(a) on the ground of the aggrieved person’s sex or the sex of a relative or associate of the aggrieved person, treats the aggrieved person less favourably than in the same circumstances, or in circumstances which are not materially different, the perpetrator treats or would treat a person of the opposite sex or who does not have such a relative or associate of that sex, or

(b) requires the aggrieved person to comply with a requirement or condition with which a substantially higher proportion of persons of the opposite sex, or who do not have a relative or associate of that sex, comply or are able to comply, being a requirement which is not reasonable having regard to the circumstances of the case and with which the aggrieved person does not or is not able to comply.

Section 31A Education

(2) It is unlawful for an educational authority to discriminate against a student on the ground of sex:

(a) by denying the student access, or limiting the student’s access, to any benefit provided by the educational authority, or

(b) by expelling the student or subjecting the student to any other detriment.

(3) Nothing in this section applies to or in respect of:

(a) a private educational authority, or

(b) a refusal or failure to accept a person’s application for admission as a student by an educational authority where the educational authority administers a school, college, university or other institution which is conducted solely for students of the opposite sex to the sex of the applicant.