1. About the Guidelines 1.1 Nature of the Guidelines However, in the view of the Commission and The Australian Human Rights Commission detailed documentation gathered in (the Commission) has prepared the accordance with the Guidelines will help Guidelines in the exercise of its function employers establish that their targeted under section 67(1)(k) of the Disability recruitment strategy is a special measure, 5 its state and territory counterpart bodies, Discrimination Act. The Guidelines have and consistent with the Disability been prepared in consultation with the Discrimination Act, and state and territory Commission’s state and territory anti-discrimination laws (other than in NSW counterpart bodies. – see Part 6.1 below). The Guidelines are not legally binding and It should also be noted that it is rare for the should be read in conjunction with the Commission or its state and territory whole of the Disability Discrimination Act, counterpart bodies to receive complaints and state and territory anti-discrimination about targeted recruitment strategies for laws. An organisation or individual may not people with disability. At the federal level, be protected from a finding of unlawful few complaints about targeted recruitment discrimination if they claim that they strategies for people with disability have conformed with, or relied on, the Guidelines. been received and, at the time of Organisations or individuals should seek publication of the Guidelines, none have their own independent legal advice if they proceeded to court. have concerns regarding their compliance with the Disability Discrimination Act or with relevant state or territory anti-discrimination legislation. Guidelines for the targeted recruitment of people with disability | 13