Salvation Army - Commission of Equal Opportunity No. Dcaat-01-490

[2001] SADC 172

SALVATION ARMY - TOWARDS INDEPENDENCE NETWORK SERVICES V COMMISSIONER FOR EQUAL OPPORTUNITY
[2001] SADC 172

Judge Bishop, Members Bachmann and Steuart
District Court Administrative And Disciplinary Division

1. On 26 September 2001, the applicant (“Salvation Army - Towards Independence Network Services”) made application, pursuant to section 92 of the Equal Opportunity Act 1984 “(the Act”), for an exemption from the provisions of sections 30 and 52 of the Act, so as to enable the applicant to employ one full-time female worker and one full-time male worker, both of Aboriginal descent, in the applicant’s Stabilisation Unit. On 29 October 2001, the applicant made further application for a similar exemption, so as to enable the applicant to employ one full-time female worker and one casual female worker, both of indigenous Australian descent, in the applicant’s Sobering Up Unit. Both applications have the support of the Commissioner for Equal Opportunity.

2. In determining an application under section 92, the Tribunal may (a) have regard (where relevant) to the desirability of certain discriminatory actions being permitted for the purpose of redressing the effect of past discrimination and (b) have regard to any other factors that the Tribunal considers relevant. In these applications, the Tribunal is satisfied that there are sound social and cultural reasons for the exemptions sought.

3. For these reasons, pursuant to section 92 of the Act, the Tribunal grants exemptions from the provisions of sections 30 and 52, in terms of the Order this day signed by me, so as to permit the employment by the applicant of persons of Aboriginal descent in those Units and to give preference to such workers, thereby ensuring, where possible, the employment of an equal number of male and female workers. Those exemptions are to remain in force for 3 years, that being the maximum period permitted under section 92(1)(c). The precise terms are those in the Order now made.