In some instances discriminating is not unlawful and these instances are known as exemptions for example, operating a single sex accommodation facility. QCAT can grant exemptions for matters that are not work related. For applications for exemptions for work related matters please refer to the Queensland Industrial Relations Commission.
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.