WA Government: New Anti-Discrimination Bill Removes Exemptions for Judges, MPs

The Western Australian government, in 2026, announced the introduction of the Equal Opportunity Bill, a significant reform to the Equal Opportunity Act 1984, which notably removes historical exemptions for judges, Members of Parliament (MPs), and local councillors from anti-discrimination laws.

This legislative reform in Western Australia marks a pivotal moment for equal opportunity and accountability within the state. By removing exemptions for key public officials, the new Equal Opportunity Bill ensures that judges, MPs, and local councillors are now subject to the same anti-discrimination rules as other citizens, significantly enhancing transparency and public trust in these institutions. For practitioners, this means a broader application of anti-discrimination principles, potentially leading to increased scrutiny of conduct within these previously exempt sectors and providing new avenues for complaints regarding discrimination, harassment, and vilification based on a wider range of protected attributes.

The core legal context is the proposed Equal Opportunity Bill, which seeks to modernise and amend the existing Equal Opportunity Act 1984 (WA). This reform aligns Western Australia's anti-discrimination framework with other Australian states, indicating a national trend towards more comprehensive and inclusive equal opportunity legislation. Key changes include permitting complaints for vilification based on disability, race, religion, sexual orientation, gender identity, or sex, and the deletion of the disadvantage test from the sexual harassment definition, a recommendation from the Law Reform Commission of Western Australia and the Community Development and Justice Standing Committee. These changes reflect an evolving understanding of discrimination and harassment, aiming to make it easier to prove complaints by focusing on the wrongful behaviour itself.

The Western Australian government, led by Premier Roger Cook and Attorney General Dr Tony Buti, is the primary proponent of this legislation. The Law Reform Commission of Western Australia and the Community Development and Justice Standing Committee provided recommendations that influenced the bill. The Equal Opportunity Commissioner will be the body receiving complaints. The individuals directly affected by the removal of exemptions are judges, MPs, and local councillors.

Attorneys practicing in Western Australia must familiarise themselves thoroughly with the provisions of the new Equal Opportunity Bill once enacted, particularly the expanded grounds for discrimination and vilification complaints and the removal of exemptions for public officials. Legal professionals advising public sector entities, judicial officers, or political figures should proactively review internal policies and training to ensure compliance with the updated anti-discrimination framework. The shift in the sexual harassment definition, removing the "disadvantage test," is also critical, requiring a re-evaluation of how such complaints are assessed and managed, focusing more directly on the conduct itself. This legislation signals a stronger regulatory environment for equal opportunity across all sectors in WA.