Re: [NSW] CityRail Guard

["nobody" <dweebken@NOSPAM.yahoo.com>]

"Dave Proctor" <thadocta@spambait.dingoblue.net.au> wrote in message
news:84f1u2$jlh$1@news1.mpx.com.au...
> (X-post added)
>
> Dave Proctor wrote in message <84ccbp$b7n$1@news1.mpx.com.au>...
> >Russell Norton wrote in message ...
> >><snip>
> >>> >CityRail has an exemption.
> >>>
> >>> Awwwwww! And I went to all the trouble to compose a Rod Speed style
> >>response
> >>> to that post, and you come back with a single line?
> >>>
> >>> <sulks>
> >>>
> >>> Dave
> >>
> >>
> >>Sorry guys & gals, I missed previous posts on the "exemption", and I
still
> >>can't believe they were actually granted it.
> >>
> >>So, CityRail is above the law then..... It would be interesting if
someone
> >>had the money to challenge the legality of this exemption.
> >
> >There are provisions in the Act to cover exemptions, and they are granted
> >regularly, when it can be shown that there has been previous
discrimination
> >and action needs to be taken to redress that.
> >
> >>BTW, does anyone have a URL for CityRail's discriminatory new policy ??
> >
> >No - but I will dig around AustLII for the relevant section of the Act
> >covering exemptions - will get back to you shortly.
>
> The only bit that I can find in the Anti-Discrimination Act 1977 (NSW) is
> S.126A - it can be found at
> http://www.austlii.edu.au/au/legis/nsw/consol_act/aa1977204/s126a.html -
but
> the part that is relevant to me  (and to a few other people I have asked)
> is:
>
> "2) The Minister may certify a program or activity to be a special needs
> program or activity if satisfied that its purpose or primary purpose is
the
> promotion of access, for members of a group of persons affected by any
form
> of unlawful discrimination to which this Act applies in an area of
> discrimination to which this Act applies, to facilities, services or
> opportunities to meet their special needs or the promotion of equal or
> improved access for them to facilities, services and opportunities."
>
> It *could* be argued that previous discrimination was unlawful, but it
would
> be difficult to prove. It would not stop the Minister from certifying the
> current CityRail program to actively promote the recruitment of women to
> operational positions as a special needs program, thereby granting
CityRail
> an exemption.
>
> Dave
>
>
>Hmm okay so the minister can give exemptions under NSW law, but what about
under commonwealth law? If this was not the case in commonwealth law then a
person could then argue that the NSW law is inconsistant with the
Commonwealth law and thus is irrelevant. Commonwealth law overrules state
law.