The sections listed in the application relate to race and age discrimination, whereby the applicant seeks to be able to discriminate against people of a certain age or race in their service delivery.
To grant an exemption an application must be made to the State Administrative Tribunal. The Tribunal holds a public hearing at which interested parties, both supporters and objectors, can be heard.
The Commissioner for Equal Opportunity is automatically a party to the proceedings. The Tribunal can grant an exemption for a maximum period of five years, and can impose conditions.
The applicant must be prepared to demonstrate the following:
- What they wish to do is necessary and in the public interest
- What they wish to do must be possibly discriminatory
- The conduct they wish to exempt is not clearly prohibited by some other law.
- That it involves a group protected by the Act
- It is reasonable and appropriate to grant the exemption.
Print this page
