Exemptions Granted to Unlawful Discrimination

Under s.109 of the Discrimination Act 1991, the Commission may grant an exemption from provisions of the Act protecting against unlawful discrimination, sexual harassment and related protections.

To apply for an exemption, you must write to the Commission with the following information:

• Who is seeking the exemption?
• Which section/s of the ACT Discrimination Act are you seeking an exemption to?
• How long is the exemption sought for?
• What is the purpose of the exemption?
• Why is an exemption necessary?

For more information please call us on 6205 2222 or email us at hrcintake@act.gov.au.

Examples of exemptions that have been granted

Raytheon Pty Ltd; and

BAE Systems Australia Limited

Defence companies around Australia have been granted exemptions to anti-discrimination laws, when they contract with the United States not to transfer controlled material to nationals of certain proscribed countries, which currently includes countries such as China, Vietnam, Lebanon and Sri Lanka. The restriction is based solely on place of birth, and applies to dual nationals who are also Australian citizens.

Details are available on the ACT Legislative Register.

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