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Special Measures Recruitment: What Employers Need to Know

15 March 20267 min readBy Greg Sax, Director

Special Measures recruitment allows employers to lawfully target Aboriginal and Torres Strait Islander candidates for specific roles under Section 8 of the Racial Discrimination Act 1975 (Cth). Done correctly, it is one of the most effective tools for closing employment gaps. Done poorly — or not at all — organisations either miss opportunities or expose themselves to compliance risk.

What are Special Measures?

Special Measures are actions taken to ensure equal opportunity for a group that has been disadvantaged. In employment, this means advertising, recruiting, and selecting candidates on the basis of Aboriginal or Torres Strait Islander identity for roles designed to address historical disadvantage. This is not discrimination — it is a lawful exception explicitly provided for in the RDA.

When to use Special Measures

  • Indigenous-identified roles where cultural knowledge or community connection is genuinely required
  • Roles created specifically to increase Indigenous representation under a RAP or IPP commitment
  • Graduate, intern, or trainee programs designed to build Indigenous talent pipelines
  • Positions where the organisation can demonstrate a legitimate need to address disadvantage

Common mistakes

  1. Advertising as "Identified" without proper Special Measures documentation or HR policy framework
  2. Using Special Measures for roles where cultural identity is not genuinely relevant to the position
  3. Failing to provide cultural safety support once a candidate is hired
  4. Treating Special Measures as a one-off hire rather than part of a sustained workforce strategy
  5. Not consulting with Indigenous staff or community on role design and selection criteria

Special Measures is not a shortcut — it is a lawful, intentional strategy that requires policy, process, and cultural safety to work.

- Greg Sax, Shine People Solutions

How Shine supports Special Measures recruitment

Shine People Solutions helps organisations implement Special Measures end-to-end: HR policy development, culturally safe job advertising, candidate sourcing from our 20,000+ Talent Map, panel support with Indigenous assessors, and post-placement retention support. Our training workshops include dedicated sessions on "Implementing Special Measures" and "Using Special Measures Confidently" for HR teams and hiring managers.

Before advertising an Indigenous-identified role, ensure your organisation has a Special Measures policy, documented justification, and a culturally safe recruitment process. Shine can help with all three.

Special MeasuresRDAcomplianceIndigenous recruitment

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