Re: [NSW] CityRail Guard

["Dave Proctor" <thadocta@spambait.dingoblue.net.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