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Section 126 exemptions generally relate to employment and recruitment, for example targeted jobs or recruitment programs for a particular group covered by the ADA.
Since 1 January 2009, the President of the Anti-Discrimination Board grants exemptions under s 126.
if you want to target a job, service or program towards people with a specific type of disability – for example if you want to employ someone with cerebral palsy, or you want to run a job-seeking skills class for people with an intellectual disability.
If being of a particular age group is a genuine occupational qualification, your advertisement should say: "[Name of employer] considers being a [particular age] is a genuine occupational qualification for this position under s 49ZYJ of the Anti-Discrimination Act 1977 (NSW)." You will need an exemption: in all other situations.
Specific exceptions like these allow you to favour a particular group in particular situations, and therefore exclude and discriminate against other groups.The second way is to apply to the Minister (currently the Attorney General) under s 126A of the ADA for a certificate that a special needs program or activity can operate in a discriminatory manner.The Minister cannot grant a certificate for race or age discrimination.The Attorney General usually seeks the advice of the Anti-Discrimination Board before granting a s 126A exemption.There is no maximum time limit for s 126A exemptions specified in the ADA.