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Current section 126 exemptions

Section 126 exemptions generally relate to employment and recruitment, for example targeted jobs or recruitment programs for a particular group covered by the Anti-Discrimination Act (ADA) 1977.

Read more on Section 126 exemptions

Below is a list of employers and recruitment program covered by ADA.

Applicant

Program

Sections

Year granted & no. of years

Expiry

AFL Sportsready LtdTo advertise, recruit and employ up to 50 (in total) Aboriginal and Torres Strait Islander traineeship and employment positions each year, for the duration of this Order, in New South Wales​8

51
​24.02.2016 23.02.2019​​
AllensTo establish and advertise an Indigenous Legal Internship program in 2015​

8

51

 

21.05.2015

(5 years)​

​20.05.2020
​​Albury City Council ​To designate and recruit for 6 positions on its Wagirra Trail Project for Aboriginal and Torres Strait Islanders8

51
19.02.2016​18.02.2020​
Aurizon Holdings Limited
Advertise, recruit and employ ATSI and female candidates in the following roles:

Train & Yard Operations: Trainee Driver, Level 2 Second Person, Level 4 Mainline Driver, Level 5 Driver Trainers, and Hexham Yard Co-ordinators.

Trades: Tradesperson Mechanical, Tradesperson Electrical, Tradesperson Boilermaker, and Trade Assistant.

Terminal Operations: Terminal Supervisor, Terminal Operator, Fleet Allocator, and Heavy Forklift Operator.

Leadership positions: Service Delivery Supervisor, Service Delivery Manager, and Area Supervisor 
8

25

51
19.02.201618.02.2020​
​​Australia and New Zealand Banking Group Limited and its wholly owned subsidiariesTo provide additional superannuation contributions to its female permanent and fixed term employees in New South Wales​21

51

52

53
11.06.2015 

(10 years)

10.06.2025​​
Australia and New Zealand Banking Group Limited and its wholly owned subsidiaries​Facilitating and implementing the Accelerating Banking Experience for Women Program​25

51

52

53​
​19.11.2015 
(5 years) 
18.11.2020​
​Australian Catholic University ​to designate and recruit 15 positions for Aboriginal and Torres Strait Islander persons only

8

51

​29.11.2016​​28.11.2020
​Australian Rail Track Corporation To designate and recruit for 14 female field worker positions​6.7.2015
(2 years)

5.7.2017​
Australian Red Cross Society

To advertise, recruit and employ an Aboriginal and Torres Strait Islander person in the role of Executive Director, NSW.

8

51

12.2.2014
(10 years)
11.2.2024
Australian Red Cross Society
​To designate and recruit the positions of Community Development Team Leader and Community Development Trainee for Aboriginal or Torres Strait Islander people only

8

51


​11.05.2017
(3 years)
10.05.2020​
​Australia's National Research Organisation for Women's Safety (ANROWS)​To designate and recruit 2 research and knowledge translation positions for people who are Aboriginal or Torres Strait Islanders.

8

51

04.04.2017
(6 years)​
​03.04.2023
A T Kearney Australia Pty Ltd ​To provide one scholarship to a female student in their second year or later year of a degree.  Further details NSW Government Gazette No 34 06/05/16.
​​​25
​28.4.2016
(3 years)
27.4.2019​

BAE Systems Australia Ltd

Includes: to enable the Applicant to ask present and future employees and contractors to declare, to the best of their knowledge and belief, their exact citizenship (including any dual citizenship) and country of birth.

To require employees to advise of any change to their citizenship status, to identify employees accordingly, and make decisions about recruiting and deploying employees on that basis. Conditions attached - for full details see NSW Government​ Gazette. 

8

10

51

20.11.2014 

(specified
expiry date)

20.8.2019 

Barrick (Cowal) Limited

To designate, advertise and recruit for Aboriginal or Torres Strait Islander trainees.

8

51

52

53

20.5.2010

(9 years)

19.5.2019

Booroogen

Djugun Aboriginal Corporation

To designate, advertise and recruit Aboriginal people in the following positions:

1 X Chief Executive Officer;

2 X Personal Care Assistants;

16 X Age Care Workers;

10 X General Services Officers;

15 X Clerical / Administrative positions.

Subject to a compliance report. See details NSW Government Gazette 28 October 2011

8

51

53

Granted on 20 October 2011 and will expire on 19 October 2021

(10 years)

19.10.2021

Byron Shire Council

To designate and recruit Aboriginal or Torres Strait Islander person for the position of Indigenous Bush Regenerator.

8 

51

20.9.2012
(5 years)

19.9.2017

Charles Sturt University​To restrict entry to its Djirruwang Program including the Bachelor of Health Science (Mental Health) to Aboriginal and Torres Strait Islander persons only.
17
​31.10.2016
(10 years)
30.10.​2026​
City of Sydney Council

To designate and recruit the following two positions for a person of Aboriginal or Torres Strait Islander descent: (1) Library Services Trainee; (2) Visitor Services officer (casual position).

8

51

17.1.2013

(5 years)

16.1.2018

Clarence Valley Council

To advertise, recruit and employ Aboriginal people in the following positions: 
1 Field Operator - Roller; 
2  Field Operators - Parks Maintenance, Grafton;

1 Field Operator - Water Cycle;

1 Administration Assistant, Grafton; 

1 Field Operator - Water Cycle;

1 Administration Assistant, Grafton Community and Function Centre;

2 Customer Service Assistants.

8

51

53

25.05.2009

(10 years)

25.5.2019

Clarence Valley Council

To designate and recruit for an Aboriginal receptionist at Grafton Community and Function Centre

8

51

17.5.2012
(10 years)
16.5.2022
Clarence Valley Council

To designate and recruit for an Aboriginal Library Assistant at Grafton Library.

8

51

17.1.2013 16.1.2018
Clarence Valley CouncilTo advertise, recruit and employ an Aboriginal or Torres Strait Islander Customer officer

8

51

8.7.2014
(3 years)
7.7.2017

Combined Community Legal Centre Group

To advertise for and recruit an Aboriginal Person to the position of Aboriginal Legal Access Coordinator

8

51

25.07.2008

(10 years)

25.7.2018

​Coles Supermarkets Pty Ltd, together with its service providers delivering the Coles First Steps program, including but not limited to, the New South Wales Technical and Further Education Commission, trading as TAFE NSW​To conduct targeted recruitment, training and development programs for Aboriginal and Torres Strait Islander persons.8

17

19

51

​19.01.2017

(5 years)
18.01.2022​

Downer Edi Mining Pty Ltd 

To advertise, recruit and employ Indigenous mine employees (targets of 15-20 per year for the next five years).

The exemption is subject to the condition: that Downer Mining Edi Pty Ltd is required to advise the Anti-Discrimination Board of NSW, every six months, from the date of this Exemption Order, over the five year period specified in the order, of the number of Indigenous people that are employed using this exemption strategy.

8

51

04.3.2013
(5 years)
3.3.2018
Eurobodalla Shire Council​To advertise and allocate two, one year Aboriginal and Torres Strait Islander Youth Traineeships; and two, two-year school-based traineeships for Aboriginal and Torres Strait Islander high school students.
​17.09.2015

(periods of 18 months and 2.5 years respectively from the date given) 
​16.03.2018
Eurobodalla Shire Council​To designate and recruit a horticulture apprentice position for women only.25

51
​02.11.2016
(4 years)
​​01.11.2020
Family and Community Services​To advertise, recruit and employ up to ten female specialist domestic violence caseworkers, one female specialist domestic violence assistant manager and one female specialist domestic violence manager.25

51
02.06.2016

(10 years)​
01.06.2026​
Fox Sports Australia Pty LimitedTo advertise and provide a graduate employment program in sports media for women only.25

51
14.02.2017
(5 years)​
​13.04.2022
Gilbert & Tobin Lawyers, Tranby Aboriginal College and the University of Technology Sydney

To Tranby Aboriginal College and the University of Technology, Sydney, from section 17 of the Anti-Discrimination Act 1977, in relation to Gilbert and Tobin’s Indigenous Youth Program.

 

To Gilbert & Tobin Lawyers, Tranby Aboriginal College and the University of Technology, Sydney, from section 19 of the Anti-Discrimination Act 1977, in relation to Gilbert and Tobin’s Indigenous Youth Program.

 

To Gilbert & Tobin Lawyers, from section 8 of the Anti-Discrimination Act 1977, in relation to its Indigenous Employment Strategy cadetship program.

17

 

 

 

 

 

 

 

 

19

 

 

 

 

 

 

 

 

 

8

23.3.2010

(10 years)

22.3.2020
​Joblink Plus Limited​To designate and recruit 15 traineeships for persons who are Aboriginal or Torres Strait Islanders

8

51

06.07.2016
(4 years)​
05.07.2020​
John Holland 
Group Pty Ltd and John Holland Rail Pty Ltd



To designate and recruit positions:
  • for women only in engineering, operations or workforce roles; and
  • for Aboriginal and Torres Strait Islander people only in professional, engineering or operational roles

8

25

51


​11.05.2017
(2 years)
​10.05.2019
The Law Society of New South Wales

To establish an online job board that would collate existing employment opportunities for Indigenous lawyers and students, subject to the condition set out in the order.

8

51

12.3.2015 11.03.2020
Linfox Australia Pty Ltd

Includes: to enable the applicant to ask present and future employees and contractors to provide details of their:

(i) citizenship (including any changes to their citizenship); and/or

To identify employees accordingly, require employees to advise the employer of any change in that status, and make decisions about recruiting and deploying employees on that basis.

Conditions attached - for full details, see NSW Government Gazette of 19 December 2014.

8

10

51

11.12.2014 20.8.2019
​Lismore City Council​To advertise, recruit, and employ the roles of Customer Service Officer and Trainee Customer Service Officer for Aboriginal and Torres Strait Islander people only.

8

51 ​

​26.10.2016
(5 years)
25.10.2021​
​Local Government New South Wales
​To designate and recruit the position of Senior Policy Officer - Aboriginal Policy and Programs, for Aboriginal and Torres Strait Islander people only. 
8

51


​06.07.2017
(10 years)
05.07.2027​
MEGT Australia Limited, trading as Indigenous Apprentice and Traineeship NetworkTo designate and recruit up to 120 Aboriginal or Torres Strait Islander people each year as trainees and apprentices. Conditions attached - for full details see NSW Government Gazette of 7/4/2017.

8

51 ​

30.03.2017
(5 years)​
​29.03.2022
Mental Health Coordinating Council Inc.To advertise and recruit for an Aboriginal Administration Officer

8

51 

16.07.2015

(3 years)

15.07.2018
Murdi Paaki Regional Enterprise Corporation Limited​To advertise and recruit an Aboriginal or Torres Strait Islander person as Chief Executive Officer

8

51 

​06.02.2017
(5 years)
​05.02.2022
Naisda Dance College
To advertise, recruit and employ Aboriginal and Torres Strait Islander People in specified positions.
For full details see NSW Government Gazette of 27/12/2013 and 3/3/2017.

8

51

17.12.2013
(10 years)

Variation of exemption order 27.02.2017
16.12.2023

Nambucca Shire Council

To designate, advertise and recruit for an indigenous labourer

8

51

52

53

6.7.2009

(10 years)

6.7.2019

Northern Rivers Community legal Centre

To advertise, recruit and employ an Aboriginal Legal Information Officer

8

51

17/09/15 for

(period of 5 years from the date given)
​16.09.2020
Northern Rivers Community legal Centre
​To designate and recruit two positions for women only as solicitors specialising in family law and/or care and protection
25

51


​06.07.17
(10 years)
05.07.2027​
​Northern Rivers Development Council​To advertise, recruit and employ one Aboriginal and Torres Strait Islander Infrastructure Coordinator

8

51

01.12.15
(period of 5 years from the date given)​​
31.11.2020​

​Northop Grumman Australlia Pty Ltd and its subsidiaries, Northrop Grumman Integrated Defence Services and M5 Network Security (collectively referred to as Northrop Grumman AU)​Includes: to enable the Applicant to ask present and future employees and contractors to provide details off their: (i) citizenship (including any changes to their citizenship); and/or To identify employees accordingly, require employees to advise the employer of any change in that status, and make decisions about recruiting and deploying employees on that basis. For full details, see NSW Government Gazette of 22 July 2016

8

10

51

​14.07.201613.07.2021​

NSW Consumer Advisory Group - Mental Health Inc

To designate, advertise and recruit for the following position: Research assistants, who are self-identified as having the experience of a mental illness

49A

49B

49C

49D

51

53

25.1.2011

(10 years)

24.1.2021

NSW Aboriginal Land Council
To designate and recruit up to 65% of management positions for Aboriginal people only

8

51

​20.6.2017
(5 years)
19.06.2022​

NSW Consumer Advisory Group - Mental Health Inc

To designate, advertise and recruit Consumer Workers, who are self-identified as having experience of a mental illness

49A

49B

49C

49D

51

53

21.4.2011

(10 years)

20.4.2021

NSW Consumer Advisory Group - Mental Health Inc

To designate, advertise and recruit two part-time Policy Officers, who are self-identified as having experience of a mental illness

49A

49B

49C

49D

51
53

21.6.2011

(10 years)

20.6.2021

​NSW Department of Justice​To implement its ‘Women in Leadership’ and ‘Aboriginal and Torres Strait Islanders in Leadership’ programs.8
25
51
​04.04.2017
(9 years)
03.04.2026​​
Path4 Group Pty Ltdsee The National Association of Women in Operations 
Parramatta City Council​To advertise, recruit, and employ up to 50 (in total) Aboriginal and Torres Strait Islander Stakeholder Engagement Officer (temporary)

8

51

01.08.2016
(3 years)​
31.07.2019​
Penrith City Council​To advertise, recruit and employ up to six Aboriginal and Torres Strait Islander persons in trainee or entry level positions.

8

51

16.07.2016
(3 years)​
15.07.2019​
Penrith City Council​To advertise and facilitate training and development program, Certificate IV in Regulatory Services, internally to Council outdoor operations workforce targeting up to eight positions in the program for Council employees over the age of 5049ZYB (2)

51
​31.03.2016
(5 years)
​30.03.2021

Raytheon Australia Pty Ltd

Includes: to enable the Applicant to ask present and future employees and contractors to declare, to the best of their knowledge and belief, their:

(i) exact citizenship (including any dual citizenship); and/or

(ii) place of birth;

To identify employees accordingly, require employees to advise the employer of any change in that status, and make decisions about recruiting and deploying employees on that basis.

Conditions attached - for full details, see NSW Government Gazette of 29 August 2014 and 5 September
2014.

8 

10

51

 

granted 
21.8.2014

(5 years)

varied 2.9.2014 

20.8.2019 

Railtrain Pty LtdTo conduct targeted recruitment programs for women only and for Aboriginal and Torres Strait Islander persons only8
25
51

​08.02.2017

(5 years)

​07.02.2022
Ricegrowers Limited t/as SunRiceTo advertise, offer and facilitate (up to two per academic years 2016, 2017 and 2018) future Jan Cathcart Scholarships for female only university students

25

33

51

19.11.2015

(5 years)

18.11.2020
Riverina Group Training and Employment LimitedTo designate, advertise and recruit for 5 female traineeships25

51

​16.02.2016
(3 years)
​15.02.2019
​Riverside TheatresAdvertise, recruit and employ one ATSI​8

51

05.08.2016
(3 years)​
04.08.2019​
​Rohde & Schwarz (Australia) Pty LtdIncludes: to enable the Applicant to ask present and future employees and contractors to declare their exact citizenship (including any dual citizenship) and country of birth; to require employees to advise the employer of any change to their citizenship status; to identify employees accordingly, and make decisions about recruiting and deploying employees on that basis. 
Conditions attached - for full details see NSW Government Gazette of 21 April 2017.

8

10

51

​13.04.2017
(2 years)
12.04.2019​
​Southern Cross University

To designate and recruit an Aboriginal or Torres Strait Islander person for the position of Team leader Indigenous Australian Student Services.

8
51

18.6.2013
(5 years)
17.6.2018
Sydney Story FactoryTo advertise, recruit and employ an Indigenous person for a paid part-time (two days per week) internship. 8

51
15.1.2015
(5 years)
14.1.2020
Telstra corporation Limited​Advertise, recruit and employ and Indigenous legal graduate contract position with Telstra.8

51
09.06.2016
(4 years)​
08.06.2020​

Thales Australia Ltd.

Includes: to enable the Applicant to ask present and future employees and contractors to declare their exact citizenship (including any dual citizenship) and country​ of  birth. To require employees to advise the employer of any change to their citizenship status, to identify employees accordingly, and make decisions about recruiting and deploying employees on that basis.

Conditions attached - for full details see NSW Government Gazette.

8

10

51

11.12.2014
(specified expiry date) 

20.8.2019 

The National Association of Women in Operations and Path4 Group Pty Ltd​To advertise and recruit women only for internships in operations roles. Conditions attached - for full details see NSW Government Gazette of 7/4/2017.25

51

​04.04.2017
(5 years)
​03.04.2022
​The Red Cross Society​Advertise, recruit and employ three Aboriginal and Torres Strait Islander Administration Assistant Trainees in New South Wales.8

​22.4.2016
(10 years)
21.4.2026​

Tranby Aboriginal College

see Gilbert & Tobin (above)

      ​
Transport Cluster - comprising Transport for NSW, Roads & Maritime Services, the State Transit Authority, Sydney Trains, NSW Trains and their delivery offices ​To implement various diversity and inclusion programs for women, Aboriginal and Torres Strait Islanders and people with disability - for full details see NSW Government Gazette8
10
​19.08.2016
(5 years)
​18.08.2021
University of Newcastle​To conduct targeted recruitment programs for Aboriginal and Torres Strait Islanders and for Women.8

25

​23.05.2016
(3 years)
22.05.2019​
University of New England​To designate and recruit for 30 academic and professional positions for Aboriginal and Torres Strait Islander people.8

​14 April 2016 (fixed term)31.12.2018​
​University of New South Wales
​To offer, advertise and facilitate fellowships for women only in science, technology, engineering, mathematics and medicine, and fellowships and PhD scholarships for Aboriginal and Torres Strait Islander people only.
8
17

23.05.2017
(5 years)​
22.05.2022​
​​University of SydneyTo implement a Merit Appointment Scheme under which faculties and professional service units have access to internal financial subsidies to support the employment of Aboriginal and Torres Strait Islander academic  and general staff.

Subject to a condition.

18.06.2015 
(3 years)​
17.06.2018​​
​​University of Sydney, Faculty of Agriculture and Environment​To offer a Postdoctoral Research Fellowship to women only.25

51

​02.11.2016
(4 years)
01.11.2020​
University of Sydney, School of PhysicsTo advertise, offer and award Postdoctoral Research Fellowship to a female candidate

23

33

51

28.10.2014

(7 years)

27.10.2021

University of Technology Sydney

see Gilbert & Tobin (above)

     
​University of Technology Sydney​To conduct targeted recruitment programs for Aboriginal and Torres Strait Islanders and for Women.​​8

25

51

​09.01.2017

(3 years)
08.01.2020​
​University of Technology SydneyTo offer, advertise and facilitate scholarships for women in the fields of science, technology, engineering, mathematics and medicine, and for Aboriginal and Torres Strait Islanders.17

31A

51
​13.04.2017
(10 years)
12.04.2027​
​University of Wollongong​to conduct targeted recruitment programs for Aboriginal and Torres Strait Islander as trainees in the School of Medicine - Graduate Medicine in the Faculty of Science Medicine and Health

​14.12.2016​​13.12.2026
Vodafone Hutchinson Australia Pty Ltd ​To provide additional superannuation contributions to its permanent full-time, permanent part-time and casual female employees in NSW25

51

​14.04.2016

(10 years)

13.04.2026​
Wagga Wagga City Council​To designate, advertise and recruit for 5 female traineeships25

51

​16.02.2016

(3 years)

​15.02.2019
Western NSW Community Centre Inc​Advertise, recruit and employ one female specialist domestic violence unit senior solicitor and one female specialist domestic violence unit case worker.25

33

51


28.4.2016
(10 years)​
27.4.2026​
​​Wollongong City Council ​To advertise and recruit one Aboriginal and Torres Strait Islander person for the Council’s Cadet, apprentice and Trainee Program.  The person will either be placed in the Cadet, Apprentice or Trainee stream of the program

8

51

​15.10.15 for 7 years ​14.10.2022
​​Women's Housing Company​to designate and recruit up to twenty five female staff member positions and appoint up to nine female directors

25

51

​21.11.2016​​20.11.2026
Women in Prison Advocacy Network Inc

To designate, advertise and recruit:

Two female employees for the positions of Mentoring Project Coordinator and Policy Project Coordinator; Female Board Executive Committee members; and Female volunteers as mentors and research/systemic advocacy workers.

25

51

53

2.7.2013

(10 years)

1.7.2023
Women in Prison Advocacy Network Inc
To designate and recruit a female Chief Executive Officer, other female employees as required to deliver WIPAN’s social support services and programs, and female volunteers to provide advocacy and mentoring services to women only.

25

33

51


9.6.2017

(10 years)
​8.6.2027





 

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