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Exemptions in the Equal Opportunity Act

There are situations where it is fair to treat people differently so the law contains a number of exemptions which allow discrimination in specific areas and activities.

These include charities, private houses, clubs and insurance. For example, car insurers can set higher premiums for certain age groups if reliable data shows that those age groups have more accidents.

There is a quick reference chart for exemptions available in the Equal Opportunity Act. The chart also shows the relevant parts of the Act.

Activities covered by existing exemptions are not unlawful. If your situation is not covered by an existing exemption you may be able to apply to the South Australian Employment Tribunal for a temporary exemption.

Exemptions also allow for special measures, which are programs or services that help disadvantaged groups to compete on an equal basis. For more information, see special measures.

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