Grant and renewal of exemption
An application will be assessed on its own merits taking into consideration all relevant circumstances to redress the effects of discrimination and prohibited conduct.
After considering an application for exemption, the Commissioner may:
- grant an exemption for specified conduct from specific provisions of the Act; or
- refuse to grant such an exemption; or
- grant an exemption with conditions.
The Commissioner has the power to revoke an exemption if a condition of the exemption is not fulfilled, vary a condition or impose a condition during the period of the exemption.
An application may be renewed for a further period not exceeding 3 years following a formal request to the Commissioner.
Conditions
The terms and conditions that the Commissioner may make when granting an exemption may include:
- measures to be implemented by the applicant during the term of the exemption, which will overcome the discriminatory act or practice;
- measures to be implemented that will improve equality and opportunity to persons of a disadvantaged group;
- anti-discrimination training to be provided by the applicant to its members, officers, employees and agents to ensure the conditions and objectives of the exemption are being upheld.
