If a measure is a special measure, do I still need to apply for an exemption under the Equal Opportunity Act 2010?

No. Where a measure or action is a special measure it will not constitute discrimination. This means that a person taking a special measure to promote substantial equality for a particular group will not need to apply for an exemption under section 89 of the Equal Opportunity Act 2010 (Vic) to exempt it from the operation of the Act.

In four cases in 2011, the Victorian Civil and Administrative Tribunal made orders that certain measures were special measures under the Equal Opportunity Act 2010 (Vic). The Tribunal found that there was no need for the applicants (a corporation, a university, a council and a government department) to be granted an exemption under the Equal Opportunity Act 2010 (Vic).

Further information, including examples of special measures, is available on the Victorian Equal Opportunity and Human Rights Commission website.

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