An individual or an organisation can apply to SACAT to be exempted from complying with a certain part of the Equal Opportunity Act 1984.
You may be granted an exemption if your program or service aims to:
- promote equality of opportunity between people
- prevent certain kinds of discrimination
- help people to participate in the economic and social life of the community.
See the Equal Opportunity website for more information about exemptions.
Applying for an exemption
If you think you might need an exemption, first check to see if your program or service is already covered by an existing exemption in the Equal Opportunity Act.
You might need to seek legal advice to see if it is necessary to apply to SACAT for an exemption.
SACAT can grant exemptions for up to three years.
Preparing an application
If you need to apply for an exemption, your application should include:
- why you are seeking an exemption
- how your program or service will help provide equal opportunity
- details about your organisation for example your service and customers
- the section/s of the Equal Opportunity Act from which you are seeking to be exempt
- how long the exemption is required
- what will happen if the exemption is not granted (for example, evidence that you will lose customers if you cannot employ a person of a particular age, race or sex)
- any effects on your business if the exemption is granted (for example, could some of your customers or staff react badly? How would you deal with this?)
Lodging your application
Applications for an exemption must be lodged online with SACAT.
What happens next
SACAT notifies the Commissioner for Equal Opportunity that an application has been made.
If the application has a wider public interest, the Commissioner may support or oppose the application.
Public notices of exemption applications
SACAT is required to give notice of applications to the general public.
Anyonce can then make a written submission to SACAT in relation to the application. SACAT then conducts a public hearing to determine whether it is necessary and appropriate for an exemption to be granted.
The Applicant, Navel Group Australia Pty Limited has applied to the South Australian Civil and Administrative Tribunal for exemption from sections 52, 53, 54 and 103 of the Equal Opportunity Act 1984 (SA) insofar as they relate to the ‘race’ of the Applicant’s employees and contractors.
The exemption is sought for a period of three (3) years. The same or similar exemptions have previously been granted, most recently on 3 November 2017.
The exemption is sought in relation to conduct necessary to enable the Applicants to enter into and/or perform contractual obligations relating to access to and/or use of certain defence-related, classified and/or export-controlled information and/or materials in compliance with Australian and/or United States law.
Any person who wishes to make a submission to the Tribunal in relation to the application for exemption should contact the Tribunal Registry.
Written submissions should be provided to the Registry by close of business on 13 October 2020.