Section 41A — Age Discrimination Act 2004: Commonwealth employment programs

(1) This Part does not make an exempted employment program unlawful. Example: A Commonwealth program that provides young people with an opportunity to get work experience with a view to improving their prospects of getting employment would be covered by this subsection. (2) This Part does not make unlawful anything done by a person in accordance with an exempted employment program. (3) In this section: exempted employment program means a program, scheme or arrangement that: (a) is conducted by or on behalf of the Commonwealth Government; and (b) is primarily intended to: (i) improve the prospects of participants getting employment; or (ii) increase workforce participation; and (c) meets at least one of the following requirements: (i) it is also intended to meet a need that arises out of the age of persons of a particular age, regardless whether the need also arises out of the age of persons of a different age; (ii) it is also intended to reduce a disadvantage experienced by people of a particular age, regardless whether the disadvantage is also experienced by persons of a different age; (iii) it requires participants to enter into contracts, and is not made available to persons under the age of 18; (iv) it is made available to persons eligible for a particular Commonwealth benefit or allowance; (v) it is not made available to persons eligible for a particular Commonwealth benefit or allowance.