Exemptions and exceptions - Temporary exemptions

The Victorian Civil and Administrative Tribunal (Anti-Discrimination List) may grant a temporary exemption from the provisions of the Equal Opportunity Act if it believes that doing so would further the Act's goal of promoting equal opportunity.

Temporary exemptions apply for the period of time set by the Tribunal, which cannot be longer than three years. During the exemption period the discriminatory behaviour will be lawful.

For example, the Equal Opportunity Board (as the Tribunal was formerly known) granted an exemption to a chain of women's fitness centres, allowing it 'to provide health and fitness centres catering for women only and staff them with women only'. The Board took into account the fact that the fitness centres provided a friendly, non-threatening environment for women who were able to attend them without feeling self-conscious or embarrassed. It also noted that the majority of women who attended the centres had not attended a mixed fitness centre and would find it intimidating to do so.