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Do you need an exemption?

The Equal Opportunity Act 2010 allows the Victorian Civil and Administrative Tribunal (VCAT) to grant temporary exemptions from the law, allowing discrimination to be legal in some circumstances.

Before you apply for an exemption you need to determine that your planned action is actually discrimination and, if so, whether the action is covered by an exception or is a special measure under the Act, or whether you need to apply for an exemption.

Asking the following questions about the action you want to take can help you decide what you need to do. They will provide a general guide about what steps you need to take so that you can lawfully undertake the activity, and minimise risks for your organisation.

You can also download our Applying for an Exemption Flowchart (PDF, 160KB).

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