Victoria Government Gazette - Blue Star Group Limited

3058 G 50 13 December 2007 Victoria Government Gazette
is to enable the applicants to sell or offer to sell
their units at 16 Willow Road, Upper Ferntree
Gully, only to people who are over the age of 55
years, and to advertise that fact.
Upon reading the material submitted in
support of the application the Tribunal is satisfied
that it is appropriate to grant an exemption from
sections 47, 49, 50, 100 and 195 of the Act to
enable the applicants to sell or offer to sell their
units at 16 Willow Road, Upper Ferntree Gully,
only to people who are over the age of 55 years,
and to advertise that fact.
The Tribunal hereby grants an exemption to
the applicants from the operation of sections 47,
49, 50, 100 and 195 of the Equal Opportunity
Act 1995 to enable the applicants to sell or offer
to sell their units at 16 Willow Road, Upper
Ferntree Gully, only to people who are over the
age of 55 years, and to advertise that fact.
This exemption is subject to the following
conditions–
1. This exemption does not apply to the
disposal of land by will or gift, or to an
instrument that confers charitable benefits or
enables charitable benefits to be conferred
or to anything done to give effect to such an
instrument.
2. If for any reason the Applicants do not wish
this exemption to continue, they must give
written advice of this to the Tribunal as soon
as possible.
In granting this exemption the Tribunal
noted–
This is a renewal of an exemption originally
granted in February 2005. The Tribunal is
satisfied that the same circumstances which
then applied continue to apply, and grants
the exemption for the same reasons as the
Tribunal gave when granting the exemption
in February 2005.
The circumstances leading to the granting
the exemption were unusual. An aged-care
provider sold eight units designed specifically
for frail elderly occupants. The contracts of
sale and documentation accompanying the
relevant planning permit made it clear that
the units were intended for occupation only
by people who were more than 55 years old,
and those who bought the units relied on
this. Four of the eight units have restricted
covenants registered on their titles to this
effect. At the time of sale, the aged-care
provider assured the purchasers that special
provision would be made for them, including
the opportunity to have their meals at the
provider’s facilities when they became too
frail to cook for themselves, and the giving
of priority to any application they might
make to become a resident of that facility.
Before the original exemption was granted,
the application for the exemption was
advertised and no opposition was expressed
to the proposal.
This exemption is to remain in force from and
including 24 February 2008 until 23 February
2011.
Dated 7 December 2007
C. McKENZIE
Deputy President
EXEMPTION
Application No. A349/2007
The Victorian Civil and Administrative
Tribunal has considered an application, pursuant
to section 83 of the Equal Opportunity Act
1995, by Monash Special Developmental
School. The application for exemption is to
enable the applicant to advertise and employ a
male worker as a full time team leader position
(the exempt conduct).
Upon reading the material submitted in
support of the application the Tribunal is satisfied
that it is appropriate to grant an exemption from
sections 13, 100 and 195 of the Act to enable the
applicant to engage in the exempt conduct.
In granting this exemption the Tribunal
noted:
This position is to lead the team at Purro Gunya
Program residential, outreach, homelessness
service for people with a psychiatric
disability, based in Warrnambool.
Specialised tasks performed by the team
leader are:
a. Work with young (16–24yo) male clients
in the residential program;
b. Provide support and assistance to staff
(specific to gender) in their work with
male clients.
Over the past 8 years the Purro Gunya
program has experienced a high proportion of
male referrals and a lack of male applicants
to positions advertised.