Apply for an exemption
VCAT can grant temporary exemptions from the provisions of the Equal Opportunity Act 2010 in appropriate circumstances. While the exemption is in place, the otherwise discriminatory conduct is not against the law.
VCAT can grant, renew or revoke an exemption under section 90 of the Act. In making a decision, the VCAT member considers:
- whether the proposed exemption is unnecessary because an exception or exemption already applies, or the conduct would not amount to discrimination, including where the conduct is a special measure under section 12 of the Act.
- whether the proposed exemption is a reasonable limitation on the rights to equality set out in the Charter of Human Rights and Responsibilities, and
- all relevant circumstances of the case.
Learn more about exemptions and revoking exemptions in the Equal Opportunity Exemption factsheet.
Before you apply
A person can also make an application on behalf of a group of people. This is called a ‘representative application’. If you are considering making this type of application, you may discuss the issue with the Victorian Equal Opportunity and Human Rights Commission or consider obtaining independent legal advice.
You must also provide an affidavit in support of your application detailing the reasons you are seeking an exemption. You can also provide any material that you feel will support your application, such as copies of previous exemptions and any other material relevant to your application. You must provide a copy of your application to the Victorian Equal Opportunity and Human Rights Commission.
Do I need a lawyer or professional representative?
You do not need to have legal or other professional representation to appear at VCAT. If you wish to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission.
Find free or low-cost legal services that may be able to assist you.
Need help with your application?
VCAT cannot give you legal advice. Seek legal help if you are unsure about your legal options. The following services may be able to help you:
Access and privacy
VCAT hearings and files are usually public.
VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality. For more about applying for confidentiality.
Legislation that applies to this type of case
Cases VCAT can hear
VCAT can hear applications for exemptions from the Equal Opportunity Act 2010.