Is an exemption necessary?

The application should state why an exemption is necessary to prevent a breach of the Act. In particular, applicants should consider whether the proposed activity would be subject to any exceptions in the Act.

If you are not sure, you can contact the Office to discuss the situation.

The application should set out any evidence that supports the reasons the applicant believes the exemption should be granted.

The application should, where possible, explain:

• how the proposed exemption is consistent with furthering the objects of the Act;
• why immediate compliance with the Act is not possible or should not be required in this case;
• any things done or planned by the applicant that are consistent with furthering the objects of the Act;
• any terms or conditions that further the objects of the Act that the applicant is prepared to meet as a condition of being granted the exemption;
• the results of any consultations undertaken by the applicant with people who may be affected by the proposed activity and their representative organisations;
• advice sought from professionals and/or representatives in the field concerned;
• any legal requirements preventing compliance with the Act;
• any statistical data available to support the purpose and objectives of the exemption;
• the hardship or negative effect that might result if the exemption is not granted; and
• measures proposed to minimise or reduce any hardship which maybe faced by people affected by the proposed exemption.

The Commissioner may seek additional information she considers relevant to considering an exemption application.