Much of the information mentioned in the
In addition, the President must take into
Guidelines regarding how to establish
account the following six factors when
special measure will be relevant to an
assessing an exemption application, all of
application for an exemption under section
which should be addressed by the employer
126 of the NSW Act.
in its application:
For example, to be granted an application
• whether the proposed exemption is
the employer must address:
appropriate or reasonable
• information about its organisation and
what the organisation does, including
information in relation to the
organisational structure and the
particular position that is being recruited
• how long the employer would like the
exemption for and the reasons for that
length of time
necessary
• whether there are any nondiscriminatory ways of achieving the
objects or purposes for which the
proposed exemption is sought
• whether the proponent of the proposed
exemption has taken reasonable steps,
• the scope and terms of the exemption
(for example, details of the positions
being recruited, and/or a copy of the
relevant position description)
• an outline of how the proposed
exemption meets the criteria in the
regulation.35
• whether the proposed exemption is
or is able to take any reasonable steps, to
avoid or reduce the adverse effect of a
particular act or action before seeking
the exemption
• the public, business, social or other
community impact of the granting of the
proposed exemption
• any conditions or limitations to be
contained in the proposed exemption.
An employer recruiting in NSW should also be
able to show that a targeted recruitment
strategy for people with disability meets the
requirements of a special measure under the
federal Disability Discrimination Act (set out
in Part 4 of the Guidelines), even if it is granted
an exemption from the NSW Act. This is
because an employer recruiting in NSW must
comply with both the NSW Act and the
Disability Discrimination Act.
Guidelines for the targeted recruitment of people with disability | 41