29
Section 21A of the Disability Discrimination Act 1992 (Cth) provides for an ‘inherent requirements’
exception (which also exists across state and territory jurisdictions), but this kind of exception has
different work to do compared to a genuine occupational qualification. The ‘inherent requirements’
exception permits discrimination in employment if a person is unable to carry out the essential tasks
required by the particular work, even if reasonable adjustments were provided. The application of this
exception requires a holistic assessment of the circumstances: Neil Rees, Simon Rice and Dominique
Allen, Anti-Discrimination & Equal Opportunity Law, 3rd ed, 2018, Federation Press, 389, 576.
30
Catholic Education Office v Clarke (2004) 138 FCR 121, 149 [130].
31
PwC Australia, Reimagining Accessible Employment – PwC Australia’s access and inclusion plan 2020-2022,
2020, at https://www.pwc.com.au/publications/assets/pwc-australias-access-and-inclusion-plan-20202022.pdf (viewed 3 August 2022)
32
For example, under the Disability Discrimination Act 1992 (Cth), section 55.
33
Anti-Discrimination New South Wales, Exemptions and certifications, undated.
At https://antidiscrimination.nsw.gov.au/anti-discrimination-nsw/organisations-and-communitygroups/exemptions-and-certifications.html/ (viewed 3 August 2022).
34
Anti-Discrimination New South Wales, Exemptions and certifications, undated.
At https://antidiscrimination.nsw.gov.au/anti-discrimination-nsw/organisations-and-communitygroups/exemptions-and-certifications.html/(viewed 3 August 2022).
35
Anti-Discrimination New South Wales, Exemptions and certifications, undated.
At https://antidiscrimination.nsw.gov.au/anti-discrimination-nsw/organisations-and-communitygroups/exemptions-and-certifications.html/ (viewed 3 August 2022).
36
Anti-Discrimination New South Wales, Current exemptions, undated.
At https://antidiscrimination.nsw.gov.au/anti-discrimination-nsw/organisations-and-communitygroups/exemptions-and-certifications/current-exemptions.html (viewed 3 August 2022).
37
Anti-Discrimination Act 1998 (Tas), section 101.
38
Anti-Discrimination Act 1998 (Tas), section 64(1)(h).
39
Equal Opportunity Tasmania, Exemptions, undated. At https://equalopportunity.tas.gov.au/exemptions
(viewed 3 August 2022).
40
Equal Opportunity Tasmania, Applying for an Exemption, undated.
At https://equalopportunity.tas.gov.au/exemptions (viewed 3 August 2022).
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