The Equal Opportunity Act 1984 recognises that there are some groups in our society who have suffered disadvantage in the past and special programs or services are needed to equip those groups to compete on an equal basis, and thus have the potential to gain equality with other groups.

Special programs or services are permitted where past disadvantages can be statistically or otherwise demonstrated and where their implementation is considered as a measure intended to achieve equality of opportunity [ss 47, 75, 82].

Alternatively, applications for temporary exemption from the provisions of the Act may be made to the Equal Opportunity Tribunal. The Tribunal can grant, renew or revoke exemptions from the provisions of the Act. Exemptions cannot be granted for longer than three years, though more than one application can be made. The Equal Opportunity Commissioner may make submissions which support or oppose an exemption application [s 92].