Commonwealth and ADEs Interim
Legal
Interim Application
On 22 April 2015 the Commonwealth made an application for an interim exemption for the period between the expiry of the original exemption on 29 April 2015 and the date on which the Commission publishes its determination in relation to the application of 21 April 2015 (Interim Application).
On 30 April 2015 the Commission decided to grant the Applicants a temporary exemption from the operation of sections 15, 24 and 29 of the Disability Discrimination Act to allow the payment of wages to ADE employees, based on assessments already conducted with the BSWAT, for a period of 4 months or the period between the expiry of the original exemption on 29 April 2015 and the date on which the Commission makes its decision on the application for 12 Primary Application, whichever is the earlier, subject to conditions.
On 15 May 2015 People with Disability Australia lodged an application in the Administrative Appeals Tribunal (AAT) for a review of the Commission's decision to grant the exemption.
On 28 July 2015 the AAT decided the Commission should reconsider its decision and remitted the matter back to the Commission.
Submissions have now closed and the Commission will make its decision as quickly as possible
Decision
Request for additional information from Department of Social Services
The Commission requested the Department of Social Services to provide further information in support of its application by 21 September 2015.
That response has now been provided.
On 25 January 2016 the Commission wrote to the Commonwealth regarding their purported authority to make the application on behalf of the ADEs.
Submissions