WA’s new anti-discrimination laws remove exemptions for judges, MPs

This is the most significant reform of WA equal opportunity laws in 40 years: Premier Roger Cook

WA’s new anti-discrimination laws remove exemptions for judges, MPs

The Western Australian government has announced the introduction of the Equal Opportunity Bill, which seeks to modernise the Equal Opportunity Act 1984, prevent harm, and protect more people from discrimination, harassment, and vilification. 

“This is the most significant reform of Western Australia's equal opportunity laws in forty years, and this legislation will bring us into line with other states to ensure more Western Australians are protected from discrimination and harassment,” said Roger Cook, WA premier, in a media statement. 

The state government explained that the legislation will permit the making of complaints to the equal opportunity commissioner for vilification based on disability, race, religion, sexual orientation, gender identity, or sex. 

The WA government added that the bill’s deletion of the disadvantage test from the sexual harassment definition is in line with the recommendation of “the Law Reform Commission of Western Australia and the Community Development and Justice Standing Committee in their report 'Enough is Enough' Sexual harassment against women in the FIFO mining industry, to put the focus on the wrongful behaviour and make it easier to prove complaints about sexual harassment.” 

Obligations in the bill

Under the legislation: 

  • Businesses, schools, and other organisations should take reasonable steps to eliminate discrimination, harassment, and vilification, depending on their size and available resources 
  • Schools and employers should make reasonable adjustments for students and employees with a disability, those who are pregnant or breastfeeding, and those with carer responsibilities 
  • Judicial officers, local councillors, and members of Parliament should not discriminate against or harass those who work for or with them 

Dr Tony Buti, WA attorney general, acknowledged the necessity of removing “some of the exemptions that were historically in place so judges, MPs, and local councillors will now be subject to the same rules in terms of discrimination.” 

Scope of those protected from discrimination

According to the state government, the bill will prohibit discrimination against those who are: 

  • homeless 
  • exposed to family and domestic violence 
  • pregnant or breastfeeding 
  • responsible as carers 
  • involved in trade union activity 

Legislation’s objectives

According to the WA government, the bill aims to: 

  • Improve participation 
  • Make communities safer and more inclusive 
  • Promote compliance with equal opportunity laws across all workplaces 
  • Offer a clear recourse for relief for those who may face antisemitism, Islamophobia, other forms of hatred, threats, or serious abuse 

More on Equal Opportunity Bill

The state government’s media statement noted that the Law Reform Commission’s 2022 review of the relevant legislation and regulations informed the development of the Equal Opportunity Bill. 

“The Law Society will engage with the State Government on behalf of the legal profession as the Bill progresses through Parliament,” stated an article in The Law Society of Western Australia Journal. 

More discrimination-related news

Here are some other recent news stories relating to discrimination. 

The federal government shared that significant reforms to the Disability Standards for Accessible Public Transport 2002 took effect on 13 October 2026, aimed at eliminating discrimination and making journeys via public transport safer and more accessible for people with disability. 

Upon considering an independent lawyer’s opinion and other evidence in proceedings alleging disability discrimination, the Federal Court of Australia issued a 21 August 2026 ruling finding that a settlement agreement would serve the best interests of a 12-year-old person under legal incapacity. 

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