Exemption applications under the Age Discrimination Act 2004 (Cth)

Section 44 of the Age Discrimination Act 2004 (Cth) ("the AD Act") gives the Commission the power to grant temporary exemptions from certain provisions of the Act. Temporary exemptions may be granted for up to five years at a time and may be granted subject to specified terms and conditions. The effect of a temporary exemption is that discrimination covered by the exemption is not unlawful under the Act while the exemption remains in force. Because the Act already provides general exemptions (Division 4 Part 4 of the Act – ss 33-43) and because any temporary exemption must be consistent with the objects of the Act, the circumstances in which it will be necessary or appropriate to grant such exemptions will be limited.

The Act does not set out in any detail the criteria or procedures that the Commission should use in considering applications for temporary exemption. Section 44 of the Act simply provides the Commission with a discretion to grant such exemptions.

Because of the importance of the power to grant exemptions, and its potential impact on rights and obligations under the Act, the Commission has developed criteria and procedures to guide the Commission in exercising this discretion. By publishing these criteria and procedures, the Commission also aims to assist interested parties in having an effective say in decisions about possible exemptions that may affect their interests.

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