Notice of application for temporary exemption
 

UPDATE (5 June 2015)

Quarterly reports received from the Department of Social Services (DSS)

A condition of the grant of temporary exemption was that DSS must:

           Report to the Commission, on a quarterly basis during the exemption period, as to:
                    i. The number of assessments conducted each quarter; and
                    ii. The number of assessments still to be conducted.

The fourth quarterly report received from DSS subject to this condition can be found below.

4th Quarterly Report in PDF

4th Quarterly Report in Word

The third quarterly report received from DSS subject to this condition can be found below.

3rd Quarterly Report in PDF

3rd Quarterly Report in Word

The second quarterly report received from DSS subject to this condition can be found below.

2nd Quarterly Report in PDF

2nd Quarterly Report in Word

The first quarterly report received from DSS subject to this condition can be found below.

1st Quarterly Report in PDF

1st Quarterly Reportin in Word

 

 


The Australian Human Rights Commission has received an application from the Department of Social Services (DSS). The exemption is sought in relation to the use of the Business Services Wage Assessment Tool (BSWAT).

This application is made pursuant to section 44 of the Disability Discrimination Act 1992 (Cth) (DDA). The applicant seeks to exempt all existing Australian Disability Enterprises (ADEs) from sections 15 and 24 of the DDA and the Commonwealth from section 29 of the DDA.

This exemption would apply to allow the ADEs to use the Business Services Wage Assessment Tool (BSWAT) to:
   (a) assess wages for employees; and
   (b) pay wages to ADE employees based on assessments conducted under the BSWAT.

The applicant seeks the exemption to address the implications of the Federal Court Judgment: Nojin & Prior v Commonwealth [2012] FCAFC 192.

Nojin v Commonwealth PDF

Nojin v Commonwealth WORD

The applicant states that the proposed exemption would apply while alternative wage setting arrangements are being considered, devised and/or established and implemented by DSS.

The applicant seeks an exemption for a period of three years.
 

Application for temporary exemption

 Download in PDF

 Download in WORD
 

Requests to join/support application for temporary exemption

Access Industries for the Disabled LimitedPDF
WORD
Achieve AustraliaPDF
WORD
Ballarat Regional IndustriesPDF
WORD
Brunswick Industries AssociationPDF
WORD
Eurella Community Services IncPDF
WORD
George Gray Centre IncPDF
WORD
Help EnterprisesPDF
WORD
Holy Cross LaundryPDF
WORD
Macarthur Disability ServicesPDF
WORD
Mach 1 Australia LtdPDF
WORD
Macleay Options IncPDF
WORD
Mawarra CentrePDF
WORD
Nambucca Valley Phoenix LtdPDF
WORD
Pinnacle IncPDF
WORD
Plane Tree Studio IncPDF
WORD
Radius Disability ServicesPDF
WORD
SkillsConnection (trading as Jiffy Services)PDF
WORD
Thorndale Foundation LtdPDF
WORD
Windarring CHAPDPDF
WORD
Woodbine IncePDF
WORD

 

Request for further information

By letter dated 13 December 2013, the Commission requested further information of DSS in relation to its application. The letter was also copied to a number of organisations which were also asked to provide further submissions/information. The letter is available below.

 Download in PDF

 Download in WORD
 

Responses to request for further information

The responses received by the Commission in response to its request for further information are available below.

Department of Social Services (DSS)PDF
WORD
Joint submission from national peak consumer advocacy organisationsPDF
WORD
National Disability Services (NDS)PDF
WORD
AED Legal CentrePDF
WORD

Supplementary submission

PDF
WORD

 
Submissions

The opportunity to make submissions in relation to this exemption application ended on 30 October 2013.

To promote open public discussion and exchange of views, the Australian Human Rights Commission makes submissions accessible to the public.

The submissions received in relation to this particular exemption application are available below.

Access Industries for the Disabled LimitedPDF
WORD
Achieve AustraliaPDF
WORD
Action for More Independence & Dignity in Accommodation (AMIDA)

PDF
WORD

ADAMS, Michael

PDF
WORD

Advocacy for Inclusion
 

PDF
WORD

AED Legal Centre

PDF
WORD

Aged and Carer Advocacy Service (ADACAS)

PDF
WORD

ANDERSON, Stuart

PDF
WORD
Anuha ServicesPDF
WORD
Australian Centre for Disability Law (ACDL)PDF
WORD
Ballarat Regional IndustriesSubmission 1
PDF
WORD
Submission 2
PDF
WORD
Barwon Disability Resource Council (BDRC)PDF
WORD
BRAIN, Brian and LynPDF
WORD
BRAZEL, DavidPDF
WORD
BROWN, KarinPDF
WORD
Brunswick Industries AssociationPDF
WORD
Cairns Community Legal Centre (CCLC)PDF
WORD
CAKE, LynPDF
WORD
CASE, JohnPDF
WORD
Central Community Legal  ServicePDF
WORD
CODE, StevenPDF
WORD
COLEMAN, Peter and HeatherPDF
WORD
CORCORAN, GarryPDF
WORD
CROZIER, Cecilia and GaryPDF
WORD
Darwin Community Legal Centre (DCLC)PDF
WORD

DILABIO, Joseph

PDF
WORD
DILLON, Tracy and ShanePDF
WORD
Disability Advocacy Network Australia (DANA)PDF
WORD
Disability Discrimination Legal Service (DDLS)PDF
WORD
Disability Discrimination Unit, Sussex Street Community Law ServicePDF
WORD
Disability Services Australia (DSA)PDF
WORD
DUVAL, ClaudinePDF
WORD
EGAN, ColleenPDF
WORD
Endeavour FoundationPDF
WORD
Eurella Community Services IncPDF
WORD
Finding Workable SolutionsPDF
WORD
FORSSMAN, Christopher

Submission 1
PDF
WORD

Submission 2
PDF
WORD

GEE, JamesPDF
WORD
George Gray Centre IncPDF
WORD
GIBSON, Peter, Julie and SheaPDF
WORD
GIRVAN, RosemaryPDF
WORD
GREEN, KarenPDF
WORD
GREENE, JacquelinePDF
WORD
HAYNE, Leonie and Tony
 
PDF
WORD
Help EnterprisesPDF
WORD
HEWITT, MareePDF
WORD
Holy Cross Laundry LtdPDF
WORD
HUMPHRIES, Joe and CarolPDF
WORD
Individual Disability Advocacy Service, Sussex Street Community Law ServicePDF
WORD
Intellectual Disability Rights Service (IDRS)PDF
WORD
JAS-ANZCover Letter
PDF
WORD
Submission
PDF
WORD
JenellePDF
WORD
JOHNSON, GeorginaPDF
WORD
Joint submission from national peak consumer advocacy organisationsPDF
WORD
KINRADE, ShanePDF
WORD
LAKKOLA, NandishPDF
WORD
Latrobe Valley EnterprisesPDF
WORD
LAVIS, MargaretPDF
WORD
Macarthur Disability ServicesPDF
WORD
MACFARLANE, Robert

Submission
PDF
WORD
Attachment 1
PDF
WORD

Attachment 2
PDF
WORD

Mach 1 Australia LtdPDF
WORD
Macleay Options IncPDF
WORD
Marriott Support ServicesPDF
WORD
MASSU, NicolasPDF
WORD
MAUGHAN, CandyPDF
WORD
Mawarra Centre IncPDF
WORD
MAY, LisaPDF
WORD
MODRA, MarkPDF
WORD
MOUNSEY, KristyPDF
WORD
Nambucca Valley Phoenix LtdPDF
WORD
National Disability Services (NDS)PDF
WORD
NOVA EmploymentPDF
WORD
Oakleigh Centre for Intellectually Disabled Citizens IncPDF
WORD
PEARCE, JohnPDF
WORD
Physical Disability Australia LtdPDF
WORD
PIANTO, JuliePDF
WORD
Pinnacle IncPDF
WORD
Plane Tree Studio IncPDF
WORD
PRIOR, GordonPDF
WORD
People with Disability Australia (PWDA)PDF
WORD
Queensland Advocacy Incorporated (QAI)Submission
PDF
WORD
Attachment 1
PDF
WORD
Attachment 2
PDF
WORD
Attachment 3
PDF
WORD
Radius Disability ServicesPDF
WORD
Rights in ActionPDF
WORD
ROVER, PaulPDF
WORD
Self Help Workshop (trading as Self Help Workplace and Encore Clothing)PDF
WORD
Senator the Hon Mitch Fifield, Assistant Minister for Social ServicesPDF
WORD
SkillsConnection (trading as Jiffy Services)PDF
WORD
SMITH, DavidPDF
WORD
Sussex Street Community Law Service IncPDF
WORD
Tasmanian Association of Disability Employment Services IncPDF
WORD
Thorndale FoundationPDF
WORD
TOOP, SamuelPDF
WORD
Victorian Equal Opportunity and Human Rights Commission (VEOHRC)PDF
WORD
VLASVELD, IanPDF
WORD
VLASVELD, Kaylene and WilhelmusPDF
WORD
WALSH, MarySubmission
PDF

WORD 
Attachment 1
PDF
WORD

Attachment 2
PDF
WORD
Attachment 3
PDF
WORD

Attachment 4
PDF
WORD

Attachment 5
PDF
WORD
WARE, Susan and CoralPDF
WORD
Windarring CHAPDPDF
WORD
Woodbine IncPDF
WORD
WOODS, Maria and TimPDF
WORD