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Implementing targeted recruitment strategies that address the discrimination Aboriginal and Torres Strait Islander people face in securing work opportunities is key to increasing their positive employment outcomes. However, some employers have raised concerns that by conducting a targeted recruitment strategy for Aboriginal and Torres Strait Islander people they risk breaching discrimination laws. Many employers believe that they need to apply for an exemption from such laws before undertaking these programs. However, other than in New South Wales [NSW], this is not the case. This guideline explains how targeted recruitment strategies for Aboriginal and Torres Strait Islander people can be consistent with discrimination laws. This is because discrimination laws (other than in NSW) permit 'special measures' which promote equal opportunity for disadvantaged groups. The unique situation in NSW is explained in section four of this guideline.

This document provides guidance to employers on designing and documenting these targeted recruitment strategies to meet the requirements of a 'special measure' in all Australian jurisdictions. The guideline is intended to apply nationally, to assist employers who want to conduct targeted employment in multiple states and/or territories. It also includes advice on practical steps employers can take to implement a targeted recruitment strategy as a 'special measure'.

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