Sometimes, discrimination is ok.
The Equal Opportunity Act 1984 recognises that in some circumstances it is ok to discriminate in
favour of a particular group of people in the area of employment.
These are called Exceptions. These exceptions can be broadly described in two groups:
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when a characteristic such as race or sex is a genuine qualification for the job, and
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when an employer is wishing to provide employment opportunities or put in place measures intended to achieve equality, for a group with specified characteristics.
Exceptions are set out within the clauses relating to each ground in the Act. Most commonly used are those under race, sex and impairment.
Exceptions - Race Discrimination
The Public Sector Commission, in consultation with the EOC has released a guide to the two
sections which set out exceptions to the Race Discrimination section of the Act.
These are sections 50(d) and 51, which are most commonly used to employ Aboriginal people to
undertake either services to their communities or to provide enhanced employment opportunities.
See here for details: Section 50(d) and 51 exceptions .