Department of Social Services (DSS)

Notice of application for temporary exemption
 

The Australian Human Rights Commission has received an application from the Department of Social Services (DSS). The exemption is sought in relation to the use of the Business Services Wage Assessment Tool (BSWAT).

This application is made pursuant to section 44 of the Disability Discrimination Act 1992 (Cth) (DDA). The applicant seeks to exempt all existing Australian Disability Enterprises (ADEs) from sections 15 and 24 of the DDA and the Commonwealth from section 29 of the DDA.

This exemption would apply to allow the ADEs to use the Business Services Wage Assessment Tool (BSWAT) to:
   (a) assess wages for employees; and
   (b) pay wages to ADE employees based on assessments conducted under the BSWAT.

The applicant seeks the exemption to address the implications of the Federal Court Judgment: Nojin & Prior v Commonwealth [2012] FCAFC 192.

Nojin v Commonwealth PDF

Nojin v Commonwealth WORD

The applicant states that the proposed exemption would apply while alternative wage setting arrangements are being considered, devised and/or established and implemented by DSS.

The applicant seeks an exemption for a period of three years.
 

Application for temporary exemption

 Download in PDF

 Download in WORD
 

Requests to join/support application for temporary exemption

Request for further information

By letter dated 13 December 2013, the Commission requested further information of DSS in relation to its application. The letter was also copied to a number of organisations which were also asked to provide further submissions/information. The letter is available below.

 Download in PDF

 Download in WORD
 

Responses to request for further information

The responses received by the Commission in response to its request for further information are available below.

 
Submissions

The opportunity to make submissions in relation to this exemption application ended on 30 October 2013.

To promote open public discussion and exchange of views, the Australian Human Rights Commission makes submissions accessible to the public.

The submissions received in relation to this particular exemption application are available below.