Exemptions Granted to the Discrimination Act
Under s.109 of the Discrimination Act 1991, the Commission may exempt an applicant from provisions of the Act protecting against unlawful discrimination, sexual harassment and related protections.
Two exemptions have been granted to date to:
- Raytheon Pty Ltd; and
- BAE Systems Australia Limited
Defence companies around Australia have been granted exemptions to anti-discrimination laws, when they contract with the United States not to transfer controlled material to nationals of certain proscribed countries, which currently includes countries such as China, Vietnam, Lebanon and Sri Lanka. The restriction is based solely on place of birth, and applies to dual nationals who are also Australian citizens.
Raytheon Exemption
On 1 December 2011, the Commission granted Raytheon a further exemption for 3 years. Details are available on the ACT Legislative Register here.
Previous Exemptions
Raytheon's original application for an exemption from the Commission was refused.
In August 2008, the former ACT Administrative Appeals Tribunal overturned the Commissioner's decision and exempted the company from the operation of sections 10, 13, 23 and 69 of the Act, providing certain conditions were met. Details are in the Tribunal's decision. The exemption expires in 2011.
On 15 May 2009, the ACT Master of the Supreme Court declined the Commission's application for leave to appeal the decision.
The Commission granted a further exemption for a period of 3 months on 30 August 2011 while it considered Raytheon's request for a further three year exemption. The notifiable instrument regarding this is available on the ACT Legislation Register here.
BAE Exemption
On 3 January 2008 BAE Systems Australia applied for an exemption from the Commission. On 30 June 2010 a decision was made by the ACT Human Rights and Discrimination Commissioner, refusing the exemption sought. On 27 July 2010 BAE Systems Australia made application for a review of the decision. Following mediation and extensive discussions, the parties reached an agreement on the terms of an exemption under section 109. More information is available from the notifable instrument Exemption decision on the ACT Legislation Register here.
Last updated 10 Apr 2012
