• Specific Year
    Any

EQUAL OPPORTUNITY ACT 2010 - SECT 12 Special measures

EQUAL OPPORTUNITY ACT 2010 - SECT 12

Special measures

    (1)     A person may take a special measure for the purpose of promoting or realising substantive equality for members of a group with a particular attribute.

Examples

1     A company operates in an industry in which Aboriginal and Torres Strait Islanders are under-represented. The company develops a training program to increase employment opportunities in the company for Aboriginal and Torres Strait Islanders.

2     A swimming pool that is located in an area with a significant Muslim population holds women-only swimming sessions to enable Muslim women who cannot swim in mixed company to use the pool.

3     A person establishes a counselling service to provide counselling for gay men and lesbians who are victims of family violence, and whose needs are not met by general family violence counselling services.

    (2)     A person does not discriminate against another person by taking a special measure.

    (3)     A special measure must—

        (a)     be undertaken in good faith for achieving the purpose set out in subsection (1); and

        (b)         be reasonably likely to achieve the purpose set out in subsection (1); and

        (c)     be a proportionate means of achieving the purpose set out in subsection (1); and

        (d)     be justified because the members of the group have a particular need for advancement or assistance.

    (4)     A measure is taken for the purpose set out in subsection (1) if it is taken—

        (a)     solely for that purpose; or

        (b)     for that purpose as well as other purposes.

    (5)     A person who undertakes a special measure may impose reasonable restrictions on eligibility for the measure.

Example

It may be reasonable to restrict eligibility for a special measure to people with the attribute who are of a particular age.

    (6)     A person who undertakes a special measure     has the burden of proving that the measure is a special measure.

    (7)         On achieving the purpose set out in subsection (1), the measure ceases to be a special measure.