ANTI-DISCRIMINATION ACT 1977 - SECT 126A
Exemption for special needs programs and activities
ANTI-DISCRIMINATION ACT 1977 - SECT 126A
Exemption for special needs programs and activities
126A Exemption for special needs programs and activities
(1) Nothing in Parts 3-4C renders unlawful anything done by a person in good
faith for the purposes of or in the course of any program or activity for
which certification is in force under this section as a special needs program
or activity.
(2) The Minister may certify a program or activity to be a
special needs program or activity if satisfied that its purpose or primary
purpose is the promotion of access, for members of a group of persons affected
by any form of unlawful discrimination to which this Act applies in an area of
discrimination to which this Act applies, to facilities, services or
opportunities to meet their special needs or the promotion of equal or
improved access for them to facilities, services and opportunities.
(4)
Certification for a program or activity remains in force for the period
specified in the certification or (if no period is specified) until the
certification is withdrawn.
(5) Certification may be withdrawn by the
Minister at any time by giving notice in writing to the person who appears to
the Minister to be the person who is in charge of the program or who has
responsibility for the activity concerned.
(6) A person who is in charge of a
program or activity may apply to the Tribunal for an administrative review
under the Administrative Decisions Review Act 1997 of a decision of the
Minister under this section concerning the certification of the program or
activity.
