Applying for an exemption
Applying for an exemption
An application may be made by a person or organisation. It must be made in writing to the Commissioner. The written application should be sent to:
Equal Opportunity Tasmania
GPO Box 197
HOBART TAS 7001
Facsimile: (03) 6165 7515
The application should include the following information:
- Who is seeking the exemption?
- How long the exemption is sought for?
- What actions, activities or circumstances are to be covered by the exemption?
- Who will be affected by the exemption if granted?
- Why is the exemption necessary?
- Why should an exemption be granted?
- Are there any factors that may affect the process for consideration of the application?
Who is seeking the exemption?
The application should state who the exemption is to protect, what organisation will be protected from a finding of a breach of the Act if the exemption is granted.
If the application is made on behalf of a corporation or organisation, the application should include information about the nature of the Applicant, eg, is it a for-profit or not-for-profit organisation, what is its core business, etc.
How long is the exemption sought for?
The application should state how long the exemption is sought for. Exemptions can be granted for up to three years.
What actions, activities or circumstances or activities are to be covered by the exemption?
The application should identify what circumstances or activities are to be covered by the proposed exemption.
The application should also identify what provision or provisions of the Act the exemption relates to, eg, what area of activity would the conduct to be protected fall within, what are the relevant prescribed attributes under the Act that the proposed exemption affects, etc.
Who will be affected by the application?
The application should identify any specific persons or organisations that may be affected by the outcome of the application. The Commissioner may seek comments from potentially affected persons, groups or organisations before determining whether or not to grant an exemption.
Are there factors that may affect the processing of the application?
The applicant should include information about any factors that may affect the processing of the application, such as:
- why the application should be processed urgently;
- why material provided in connection with the application should not be made publicly available as part of any consultation on the proposed exemption;
- whether the applicant has sought, or intends to seek, an exemption under any other law, including relevant federal discrimination law;
- whether there is a complaint under the Act, or under a federal discrimination law, in relation to the subject of the exemption application.