3.3 Overview of relevant anti-discrimination law provisions As outlined above, anti-discrimination legislation exists at a federal level as well as in each state and territory in Australia. The relevant legislative provisions in each state and territory are summarised in the table below. Exemption or exception for ‘special measures’ which includes recruitment Exception for genuine occupational requirements Jurisdiction Legislation Commonwealth Disability Discrimination Act 1992 (Cth) Yes – s 45 No Australian Capital Territory Discrimination Act 1991 (ACT) Yes – s 27 Yes – s 48 New South Wales AntiDiscrimination Act 1977 (NSW) No No Northern Territory AntiDiscrimination Act 1992 (NT) Yes – s 57 Yes – s 35(1)(b)(i) Queensland AntiDiscrimination Act 1991 (Qld) Yes – s 105 Yes – s 25(1) South Australia Equal Opportunity Act 1984 (SA) Yes – s 82 No Tasmania AntiDiscrimination Act 1998 (Tas) Yes – ss 25 and 26 Yes – s 45(b) Victoria Equal Opportunity Act 2010 (Vic) Yes – s 12 Yes – ss 26(3) and 28 Western Australia Equal Opportunity Act 1984 (WA) Yes – s 66R Yes – s 66S Comment A statutory exemption may need to be sought under s 126 Guidelines for the targeted recruitment of people with disability | 26