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How is that purpose connected to the identified attribute and the group members?.What is the purpose of the proposed conduct?.To identify the purpose of a measure, VCAT suggests the following questions may be raised: This means that a person setting up a special measure does so for the purpose of addressing equality for the group – rather than for another dominant reason, such as promoting commercial interests. The purpose of all special measures is to promote or realise substantive equality. Requirement 2: The purpose of promoting or realising substantive equality
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How would the group or group members be most accurately described?.Does the proposed conduct fall within one of the areas of public life in Part 4? (The Commission notes that it is not a requirement under the Act that conduct for a special measure fall within an area of activity under Part 4.).Is the proposed conduct directed at or concerned with a group of people who share one (or more) of the attributes listed in section 6 of the Act?.In order to identify the group with an attribute, VCAT suggests the following questions may be raised: There may be more than one attribute, for example a measure may be directed at children (under the attribute of age) with disabilities. personal association (whether as a relative or otherwise) with a person who is identified by reference to any of the above attributes.Special measures must be directed to members of a group with a particular attribute listed in section 6 of the Act, as follows: To be a special measure it is necessary to first identify the group with the attribute. Requirement 1: The conduct (action or measure) is directed to members of a group with a particular attribute Statistical information, publications, surveys and other documents will assist in providing evidence for a special measure. Note: Each of the three requirements outlined below must be satisfied in order to be considered a special measure. In addition, each requirement must be substantiated. Below is a summary of the requirements and VCAT’s suggested questions. In the Victorian Civil and Administrative Tribunal (VCAT) decision of Waite Group (Human Rights) VCAT 1258 usefully set out each of the requirements for a special measure and raised questions that may be asked to assess whether proposed conduct will satisfy each requirement. A person or organisation seeking to establish a special measure to advance a group of people must have evidence to show that they meet each of the requirements outlined below. Section 12 of the Act sets out the requirements for a special measure.