Special measures – case studies

Special measures promote substantive equality for a group of people who have one (or more) protected attributes, such as race, sex or disability. The Equal Opportunity Act 2010 allows and encourages people and organisations to treat people differently in specific situations if those people or organisations are taking action to address inequality for disadvantaged groups. The examples below recognise that, in reality, not all groups have the same access to opportunities.

Conducting women-only events for cultural and religious reasons

The Darebin City Council Youth Services

The council sought an exemption from the Equal Opportunity Act 2010 so that it could host two women-only events, targeting young women within the Darebin community who, due to cultural and religious reasons, would not otherwise have the opportunity to attend mixed-sex events.

The council also sought an exemption to employ only women for the duration of the two events.

VCAT found that the proposed conduct amounted to a special measure and the conduct was not discrimination. The Tribunal dismissed the application for an exemption as it was not necessary. In addition, the Tribunal made a declaration that the council’s conduct was a special measure.

Read more about the Darebin City Council Youth Services case study.

Advertise and employ only Aboriginal people

NECA Education and Careers Limited

NECA, a training organisation, sought to advertise for and employ only Aboriginal candidates in its Warrang Jarri Lian program to address under-employment of the group.

The Tribunal found that this conduct amounted to a special measure.

Read more about the NECA Education and Careers Limited case study.

Parks Victoria

Parks Victoria wanted to advertise for and employ Aboriginal people to care for Wurundjeri country.

VCAT found that the purpose of the activity was to:

provide employment opportunities to Aboriginal people
increase the number of Aboriginal people employed by Parks Victoria
provide opportunities for connection and care for the Wurundjeri country by its traditional owners
maintain the culture associated with the country.

VCAT was satisfied that the measure was proportionate because at the time the application was made only 7.6 per cent of Parks Victoria’s workforce was Indigenous.

Read more about the Parks Victoria case study.

Cummeragunja Housing and Development Aboriginal Corporation

Cummeragunja Housing wanted to advertise for and employ Aboriginal people in the positions of mental health worker, Aboriginal health worker, trainee Aboriginal health worker and administration trainee.

VCAT found that the purpose of the activity was to provide employment opportunities for Aboriginal applicants and provide health services to local Aboriginal people in a manner that is culturally appropriate.

At the time of making the application there were almost equal numbers of Aboriginal and non-Aboriginal staff employed at Cummeragunja, while 95 per cent of people using the services were Aboriginal.

These statistics satisfied VCAT that the measures were proportionate.

The Ian Potter Museum of Art

The museum wanted to advertise for and employ an Aboriginal person in the role of Vizard Foundation assistant curator to increase the number of Aboriginal people employed by the museum.

VCAT held that the measure was proportionate, as the number of Aboriginal staff was dramatically lower than the number of Aboriginal people in the wider population.

Read more about the Ian Potter Museum of Art case study.

Advertise and employ only women

Waite Group

Waite Group wanted to use the business name “Women’s Search” to advertise and recommend only women as candidates for specific roles in management and boards to meet its employer-clients’ diversity goals.

VCAT was satisfied that the conduct meets each of the requirements of a special measure and therefore the Waite Group will not discriminate in undertaking the conduct.

Read more about the Waite Group case study.

The University of Melbourne (Melbourne School of Engineering)

The University of Melbourne School of Engineering sought to advertise for and employ only women in up to 20 academic roles within the Melbourne School of Engineering over a period of five years to increase women to 25 per cent of its workforce.

VCAT was satisfied that the conduct met the requirements of a special measure and was substantiated by the evidence. VCAT took into account the low representation of women in the school’s academic workforce, the slow increase in the number of women and the modest aim of increasing that representation to 25 per cent.

AusNet Services Ltd

AusNet sought to advertise and offer eight fully-funded scholarships to female applicants in the discipline of Power Engineering at the School of Engineering at Deakin University and, during the term of the scholarships, offer the successful candidates paid work placements with the University.

VCAT was satisfied that the conduct was a special measure. It found that the conduct was designed to increase female participation in engineering to increase the representation of women in the profession and contribute to a more diverse workplace.

Read more about the AusNet Services case study.

Genovate Consulting

Genovate Consulting sought to target only women for selection and shortlisting to prepare lists for employers who wanted to employ women into leadership, management, executive or board level roles.

VCAT was satisfied that the conduct met the requirements of a special measure to address the underrepresentation of women in leadership and management levels.

Read more about the Genovate Consulting case study.

Advertise and recruit only people aged between 18 and 25

Life Experiences Enterprises LTD

Life Experiences Enterprises sought to advertise and employ only people aged between 18 and 25 to perform Elderly Support Services Roles.

VCAT was satisfied that the conduct would amount to a special measure. Evidence was presented that the youth unemployment rate was disproportionate compared to other adults. VCAT was satisfied that the purpose of the measure was to reduce the number of youth unemployed and promote equality in the workforce.

To read more about the Life Experiences Enterprises case study see page 11 of the Waite Group VCAT decision.

Advertise and recruit only people with disabilities

Moonee Valley City Council

The council sought to advertise and employ only people with disabilities for five trainee positions in a cafe established by the council as a social enterprise, in accordance with its Disability Action Plan, to address the under-representation of people with disabilities in the workforce.

VCAT was satisfied that the conduct was a special measure.