What’s changing
WA anti-discrimination laws are set for their biggest overhaul in more than 40 years, after the Cook Labor Government introduced the Equal Opportunity Bill 2026 into the Western Australian Parliament on 20 October. The Bill would modernise the state’s Equal Opportunity Act 1984, in what the Government calls the most significant reform of WA’s anti-discrimination framework in four decades.
The Bill widens who is protected and, for the first time, would allow a person to complain to the Equal Opportunity Commissioner about vilification based on disability, race, religion, sexual orientation, gender identity or sex.
It would also become unlawful to discriminate against people who are homeless, affected by family and domestic violence, pregnant or breastfeeding, have carer responsibilities, or are involved in trade union activity.
Under the reformed WA anti-discrimination laws, the definition of sexual harassment would be rewritten to remove the so-called disadvantage test. This puts the focus on the wrongful behaviour itself and should make complaints easier to prove. The change was recommended by both the Law Reform Commission of Western Australia and Parliament’s Community Development and Justice Standing Committee, the latter in its report ‘Enough is Enough’: Sexual harassment against women in the FIFO mining industry. The Bill also draws on the Law Reform Commission’s 2022 review of the existing laws and regulations.
Who is affected
The updated WA anti-discrimination laws would apply to all Western Australians, with specific duties for businesses, schools, employers and other organisations. Judicial officers, local councillors and Members of Parliament would also lose exemptions they have historically enjoyed. It would become unlawful for them to discriminate against or harass the people who work for or with them.
What the new WA anti-discrimination laws mean in practice
Organisations across WA would have to take reasonable steps to eliminate discrimination, harassment and vilification. What counts as “reasonable” would depend on each organisation’s size and resources.
Schools and employers would need to make reasonable adjustments for students and staff who have a disability, are pregnant or breastfeeding, or have carer responsibilities.
When it starts
The Bill still has to pass Parliament before the new WA anti-discrimination laws take effect, and no commencement date has been announced.
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General information only, not legal advice. Check the official source before acting.
Source: Western Australian Government
