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Chapter 9 Section D: Rights of carers


It is against the law in NSW to discriminate against a person because of his or her responsibilities as a carer, including as a carer of a person with a mental health condition. This particularly applies to discrimination in the workplace.

The NSW Anti-Discrimination Board has a fact sheet that sets out your rights as a carer. Click here for the fact sheet.

Please note that the definition of carer under the Anti-Discrimination Act 1977 (NSW) is much narrower than the definition of carer used elsewhere in this Manual.

The Anti-Discrimination Act 1977 (NSW) prohibits discrimination against people who:

  • have a legal responsibility for children;
  • are the legal guardian of an adult; or
  • have an immediate family member who is dependent on them or in need of their care and support.

The fact sheet from the Anti-Discrimination Board lists all of the people considered to be immediate family members under the Act.

Click here for the fact sheet.

If you are treated unfairly or discriminated against because of your responsibility to care for a person whose relationship to you is not included in the list of ‘immediate family members’ in the Anti-Discrimination Act 1977 (NSW), the law will not apply.

For more about the Anti-Discrimination Board, click here.

For information about how anti-discrimination law protects people with a mental illness against discrimination, click here, and in particular from discrimination in employment, click here.

Updated September 9, 2015