Part 4 Unlawful age discrimination
Division 4 General exemptions
Section 41A
41A Commonwealth employment programs
(1) This Part does not make an exempted employment program
unlawful.
Example: A Commonwealth program that provides young people with an
opportunity to get work experience with a view to improving their
prospects of getting employment would be covered by this subsection.
(2) This Part does not make unlawful anything done by a person in
accordance with an exempted employment program.
(3) In this section:
exempted employment program means a program, scheme or
arrangement that:
(a) is conducted by or on behalf of the Commonwealth
Government; and
(b) is primarily intended to:
(i) improve the prospects of participants getting
employment; or
(ii) increase workforce participation; and
(c) meets at least one of the following requirements:
(i) it is also intended to meet a need that arises out of the
age of persons of a particular age, regardless whether
the need also arises out of the age of persons of a
different age;
(ii) it is also intended to reduce a disadvantage experienced
by people of a particular age, regardless whether the
disadvantage is also experienced by persons of a
different age;
(iii) it requires participants to enter into contracts, and is not
made available to persons under the age of 18;
(iv) it is made available to persons eligible for a particular
Commonwealth benefit or allowance;
(v) it is not made available to persons eligible for a
particular Commonwealth benefit or allowance.
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Compilation No. 46
Age Discrimination Act 2004
Compilation date: 03/12/2021
Authorised Version C2021C00565 registered 10/12/2021
Registered: 10/12/2021