Discrimination Act 1991
109Grant of exemptions
Start here
Get a plain-English read of 109
Turn the raw legal text into a practical explanation grounded in Discrimination Act 1991.
109 Grant of exemptions (1) The HRC may, on written application, exempt the applicant from the operation of a specified provision of part 3, part 5 or part 7. (2) The HRC may, on a written application made— (a) by a person to whom an exemption has been granted; and (b) before expiry of that exemption; further exempt the applicant from the operation of the provision concerned. (3) In the exercise of a power under subsection (1) or subsection (2), the matters to which the HRC must have regard include the following matters: (a) the need to promote an acceptance of, and compliance with, this Act; (b) the desirability, if relevant, of certain discriminatory actions being permitted for the purpose of redressing the effects of past discrimination. (4) An exemption or further exemption— (a) is a notifiable instrument; and (b) is subject to the conditions (if any) specified in the notice; and (c) has effect according to its terms for the period not longer than 3 years specified in the notice. (5) If the HRC refuses to grant an exemption or a further exemption, the HRC must give the applicant or each applicant written notice of the refusal. (6) A notice mentioned in subsection (4) or (5) is a reviewable decision notice.
Exemptions Part 10