(1) A person may take a special measure for the purpose of promoting or realising substantive equality for members of a group with a particular attribute.
1 A company operates in an industry in which Aboriginal and Torres Strait Islanders are under-represented. The company develops a training program to increase employment opportunities in the company for Aboriginal and Torres Strait Islanders.
2 A swimming pool that is located in an area with a significant Muslim population holds women-only swimming sessions to enable Muslim women who cannot swim in mixed company to use the pool.
3 A person establishes a counselling service to provide counselling for gay men and lesbians who are victims of family violence, and whose needs are not met by general family violence counselling services.
(2) A person does not discriminate against another person by taking a special measure.
(3) A special measure must—
(a) be undertaken in good faith for achieving the purpose set out in subsection (1); and
(b) be reasonably likely to achieve the purpose set out in subsection (1); and
(c) be a proportionate means of achieving the purpose set out in subsection (1); and
(d) be justified because the members of the group have a particular need for advancement or assistance.
(4) A measure is taken for the purpose set out in subsection (1) if it is taken—
(a) solely for that purpose; or
(b) for that purpose as well as other purposes.
(5) A person who undertakes a special measure may impose reasonable restrictions on eligibility for the measure.
It may be reasonable to restrict eligibility for a special measure to people with the attribute who are of a particular age.
(6) A person who undertakes a special measure has the burden of proving that the measure is a special measure.
(7) On achieving the purpose set out in subsection (1), the measure ceases to be a special measure.