Peel Hotel Exemption Application (VCAT) – Dec 2010

The Peel Hotel sought an exemption to enable it to refuse or restrict entry to its venue where it believes on reasonable grounds that unrestricted entry would either adversely affect the safety or comfort of those within the venue, or would adversely affect the character of the venue as primarily a venue for male homosexual patrons.

The Commission made submissions on the interpretation of section 83 of the Equal Opportunity Act 1995 (which gives a discretion to grant exemptions from the Equal Opportunity Act’s provisions in certain circumstances) in a manner that is compatible with the human rights in the Charter. VCAT’s task is to determine whether granting the exemption in this context engages a human right and, if so, whether there is a reasonable justification for any interference.

VCAT held that it was consistent with human rights and the objective of the Equal Opportunity Act 1995 to provide special measures to redress disadvantage suffered by those who experience discrimination and granted the exemption.