The Anti-Discrimination Act 1998 (Tas) (the Act) says that charities can include a discriminatory provision in their aims and objects providing exclusively for charitable benefits wholly or partly for persons with an attribute or identity that under the Act would not otherwise be able to be singled out for particular treatment, and can do any act necessary to effect the charitable purpose.


An organisation wants to provide services to refugees who have fled to Australia from a war-torn country without any possessions. Many have been tortured by secret police. It can apply for a charity exemption, claiming this group of people needs special attention and care, on the basis of race.