6. Applying for statutory exemptions If a targeted recruitment strategy is a special measure under the federal Disability 6.1 New South Wales Discrimination Act, it is not necessary to The Anti-Discrimination Act 1977 (NSW) (the apply to the Commission for a statutory NSW Act) does not contain special exemption. This is because special measures provisions. In NSW, an employer measures are lawful under the Disability wanting to conduct a targeted recruitment Discrimination Act and the statutory strategy for people with disability may need exemption process is concerned with to apply for a statutory exemption under the potentially unlawful conduct. NSW Act, however there are some 32 Statutory exemptions under section 55 of exceptions that may apply. the Disability Discrimination Act are Anti-Discrimination NSW has information on temporary in nature and are generally only its website about how to apply for an granted where an applicant is currently not exemption to the NSW Act.33 Generally, an fully compliant with its requirements under employer does not require an exemption the Disability Discrimination Act but can from the NSW Act for undertaking targeted demonstrate that it is actively taking steps recruitment for all people with disabilities, towards full compliance (for example steps but only if an employer wants to specify a to ensure the accessibility of buildings or particular type of disability. For example, if public transport). Temporary exemptions an employer wants to recruit for a person are not granted for conduct that is ongoing with lived experience of an intellectual and potentially indefinite. The Commission’s disability, an exemption should be sought. practice is not to grant temporary exemptions for conduct that is or could be a special measure. Anti-Discrimination NSW’s website explains: An exemption is an approval that is In most states and territories, seeking a granted by us under section 126 of the statutory exemption is also unnecessary for Act, giving permission to favour a a targeted recruitment strategy that particular group of people relating to constitutes a special measure. The situation specific jobs, programs or services. is, however, different in NSW, where there Exemptions generally relate to are no special measures exceptions, and in employment and recruitment; however, Tasmania where, even though special you can apply for an exemption in measures exceptions exist, seeking a relation to any area covered by the Act.34 statutory exemption is nevertheless recommended. This is explained below. Anti-Discrimination NSW lists the information an employer must provide to the President as part of its application, and the six criteria that the employer must address in its application to the President. Guidelines for the targeted recruitment of people with disability | 40