Exemption applications under the Sex Discrimination Act 1984 (Cth)

The effect of a temporary exemption is that discrimination covered by the exemption is not unlawful under the Act while the exemption remains in force. Because the Act already provides for both permanent exemptions (Division 4 Part II of the Act - ss 30-43) and special measures (s 7D) and because any temporary exemption must be consistent with the objects of the Act the circumstances in which it will be necessary or appropriate to grant such exemptions will be limited.

The Act does not set out in any detail the criteria or procedures that the Commission should use in considering applications for temporary exemption. Section 44 of the Act simply provides the Commission with a discretion to grant such exemptions.

Because of the importance of the power to grant exemptions, and its potential impact on rights and obligations under the Act, the Commission has developed criteria and procedures to guide the Commission in exercising this discretion. By publishing these criteria and procedures, the Commission also aims to assist interested parties in having an effective say in decisions about possible exemptions that may affect their interests. You can access the Commission Guidelines here.

Current applications for temporary exemptions

National Aboriginal and Torres Strait Islander Women's Alliance (NATSIWA)

Application

NATSIWA is the peak Aboriginal and Torres Strait Islander Women’s Alliance in Australia. NATSIWA is funded by the PMC under the Gender Equality - Working for Women Strategy to bring together the issues and voices of Aboriginal and Torres Strait Islander women’s organisations and individuals across Australia.

The application is sought to allow NATSIWA to advertise for and employ women (inclusive of gender diverse women) to fill positions within the applicant's organisation, for five years.

Supporting documents

NATSIWA Temporary Exemption Application (Download the full application, PDF, 511KB)

Thirrili

Application

Thirrili is a proud Aboriginal and Torres Strait Islander organisation that is led by Aboriginal and Torres Strait Islander ways of knowing, being and doing. As an Aboriginal and Torres Islander Community Controlled Organisation, we recognise the strengths of our communities and our strong responsibility to support communities in the aftermath of suicide or unexpected fatal incidents. We uphold protective boundaries for individuals, families and communities that allow self-determination in their ways of bereavement and healing.

To enable our organisation to uphold protective boundaries for individuals, Thirrili seeks an exemption to advertise, recruit, and employ male support workers in order to provide culturally safe and gender-appropriate therapeutic support to male clients within its Indigenous communities.

Supporting documents

Thirrili Temporary Exemption Application (Download the full application, PDF, 305KB)

Mary's House Services

Application

Mary’s House Services is a charitable organisation providing services to save lives and enhance the safety and well-being of women and their children who are victim‑survivors of domestic and family violence and abuse (DFV). The organisation operates crisis accommodation for women and their children, provides specialised domestic violence caseworker support for women and children, provides access to transitional housing and provides a range of community programs and advice clinics for women. No services are provided to people who identify as men.

Clients access DFV services in the crisis accommodation, in transitional housing and at our office sites. Mary’s House Services recruits for a range of roles, including specialist domestic violence caseworkers, fundraising staff, operations staff, and finance staff; non casework staff have occasions to be present at sites where clients receive services such as the crisis accommodation. All staff work at our office sites where clients attend to see their caseworkers or participate in our community programs and on occasion, all staff need to visit our other sites, such as our crisis accommodation.

In line with our commitment to trauma‑informed practice, we recognise that the presence of men when clients are accessing specialist DFV services can be triggering (evoking a traumatic response). Accordingly, we minimise the presence of male visitors at our sites and when male visitors or tradespeople are required to attend our sites, they are always accompanied, and visits are scheduled at times when client interaction is minimal.

Respecting our clients' needs and lived experiences, we wish to only recruit women for client-facing roles and only recruit women for all roles which have occasion to be present at our sites. After trauma, clients' thoughts can be triggered by factors such as the presence of a man when receiving therapeutic support. A trauma-informed, safe client space places the woman victim-survivor in control and in the centre; in our view, the presence of male staff at our sites has the potential to cause emotional harm for some clients.

Supporting documents

• Position Description - Community Engagement Coordinator (Download full document, PDF, 221KB)
• Position Description - DFV Caseworker (Download full document, PDF, 231KB)
• Brochure (Download full document, PDF, 1.28MB).

Call for submissions

The Commission invites any interested member of the public to make a submission on any or all of these applications.  The Commission will consider any submissions that it receives.

The Commission may also publish any submissions it receives.  If you would like to request that your submission be kept confidential, please let the Commission know when you provide your submission.

Please provide submissions by Friday, 13 March 2026 to legal@humanrights.gov.au.

Current exemptions (still in force)

There are no current exemptions in force

Past decisions (expired)