Exceptions to the Rules

Exceptions to the Rules

 

It is not always fair to treat people equally. Sometimes it is reasonable to discriminate in favour of one group over others.

For example, in certain circumstances, it makes sense that a job or a function is performed by a person of a particular sex, age or race.

Also, to overcome disadvantage, one group may sometimes need special opportunities for example, access to targeted programs and services.

South Australian equal opportunity law allows for some exceptions to the rules. There are a number of exemptions built into the Equal Opportunity Act 1984 (SA) that allow discrimination in specific areas and activities. For example, sport clubs can have competitions in different age categories without discriminating unlawfully.

Exemptions in the Act also allow special measures, which mean that organisations can discriminate in favour of a certain group, if it helps address past discrimination.

Organisations can also apply to the South Australian Employment Tribunal for a temporary exemption. More information about the process can be found at Resources - Exceptions to the Rules.