(b) Key elements of a special measure – federal law (c) Key elements of a special measure – other jurisdictions Under the Disability Discrimination Act, the The core elements of a special measure are elements of a special measure are: essentially the same under all federal, state • the measure must be reasonably intended to and territory anti-discrimination laws except NSW. However, the wording of the criteria in the legislation of each jurisdiction differs – ensure that persons who have a disability have equal opportunities with other persons in areas of public life covered by the Disability Discrimination Act (in this case, employment), or slightly.22 Importantly, there is no relevant ‘special measures’ exception under the AntiDiscrimination Act 1977 (NSW) (the NSW Act). In some circumstances, employers wanting to conduct targeted recruitment for – afford persons with disability, or a people with disability in NSW may have to particular disability, goods or access apply for a statutory exemption from the to facilities, services or opportunities NSW Act.23 (or grants, benefits or programs)20 to meet their special needs in relation to: In addition, in Tasmania, the AntiDiscrimination Commissioner encourages employers to seek a statutory exemption for > employment, education, accommodation, clubs, or sport, or > the provision of goods, services, facilities or land, or a targeted short-term recruitment strategy.24 The NSW and Tasmanian requirements are discussed in Parts 6.1 and 6.2 below. > the making available of facilities, or > the administration of Commonwealth laws and programs, or > their capacity to live independently. A targeted recruitment strategy can be an example of a ‘special measure’, provided that it meets the legislative requirements of • However – any discriminatory effect of the measure must be necessary for implementing the special measure, and – the exemption for special measures does not apply in relation to the rates of salary or wages paid to persons with disability (which are dealt with elsewhere in the Disability Discrimination Act).21 (d) Could a targeted recruitment strategy be a special measure? a ‘special measure’ under the federal Disability Discrimination Act and applicable state or territory anti-discrimination law provisions. If a program like a targeted recruitment strategy is a ‘special measure’, then it does not amount to unlawful discrimination under federal, state or territory antidiscrimination law (noting that there is no ‘special measure’ provision in the relevant New South Wales law).25 Guidelines for the targeted recruitment of people with disability | 24