Exemptions
In some instances discriminating is not unlawful and these instances are known as exemptions for example, operating a single sex accommodation facility.
Exemptions can also be granted from the operation of a specified provision of the Anti-discrimination Act 1991. An exemption can be granted for a temporary period of up to five years and can be renewed for further periods of up to five years.
QCAT takes into account the following factors when reviewing an application for, or an extension to an exemption:
- the appropriateness and reasonableness of the application
- other non-discriminatory ways of achieving the objects or purposes for which the exemption is sought
- other persons or bodies supporting the application
- social, economic or other reasons
- the promotion of equality of opportunity
- the interests of the community
- the effect of not granting the exemption
- other possible improvement strategies
- the principles of the Anti-Discrimination Act 1991.
Any description of QCAT's jurisdiction on this website is general information only and is not intended to precisely define the types of applications that QCAT has the power to decide. QCAT's jurisdiction is determined by the relevant legislation. If you are unsure about your legal rights you should seek legal advice. Any actions taken to resolve your dispute should be determined by your individual circumstances.