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

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