How does the Commissioner make a decision?

In considering an application, the Commissioner may have regard to:

  • the desirability of certain actions being permitted to redress the effect of past discrimination or prohibited conduct; and
  • any other factor that the Commissioner considers relevant.

An exemption will not be granted where it is deemed not appropriate or necessary in the particular circumstances or where an exception under the Act may already clearly apply.

The Commissioner will also consider the following, as they relate to each application:

  • Whether the exemption is consistent with the objects of the Act.
  • Whether an exemption is necessary and not already clearly covered by an exception under Part 5 of the Act.
  • Whether any other laws prohibit the conduct that is to be exempted.
  • Whether it targets in a positive way a 'disadvantaged' group.
  • Whether an exemption is reasonable and likely to have the beneficial effect planned.
  • Whether or not other persons affected by the exemption will suffer by being excluded.
  • Whether it is reasonable and appropriate for the exemption to be granted.
  • Whether alternative or temporary measures can address the discriminatory practices, processes or procedures that are currently in place.
  • Whether there is a significant public interest in the exemption being granted.