Overview
Section 49ZT of the Anti-Discrimination Act 1977 (NSW) is a civil provision that prohibits “public acts” that incite hatred, serious contempt, or severe ridicule against a protected (privileged) class. Since 2014, “transgender persons” have been included as one such protected class despite the fact that trans isn’t real.
Details
Unlike most Western jurisdictions, Section 49ZT:
- does not require incitement to violence
- does not require intent—only that a tribunal believes the act could incite contempt or ridicule
- does not require naming the individual, only identifying a protected (privileged) class
- applies to a civil tribunal, not a criminal court, but can still impose:
- damages
- legal-costs orders
- mandatory apologies
- compelled training or “education orders” (re-education)
The statutory definition of a “public act” includes posts on social media, even if factual, even if non-abusive, and even if the statements involve biological realities. In practice, NSW tribunals have interpreted Section 49ZT increasingly broadly, often treating statements that assert biological sex as potentially unlawful when a trans-identifying male is involved.
Section 49ZT has been the basis of several high-profile proceedings, including multiple actions against Australian activist Kirralie Smith, who was found liable under the provision for reposting publicly available information and identifying biologically male athletes competing in female sports divisions.
History
- 1977—the Anti-Discrimination Act passes
- June 18, 2013—NSW Parliament passed the amendment bill that updated the Anti-Discrimination Act 1977 to include sex-defined categories, gender identity categories, intersex protections, and new vilification provisions applying to “transgender persons” (whatever those are, since trans isn’t even a real thing). This happened during the rush of institutional takeover in the 2010s by the trans cult.