The Victorian Civil and Administrative Tribunal (VCAT) has granted the Dianella Community Health – Physiotherapy Service, an exemption from anti-discrimination laws so that it was not obliged to employ male physiotherapists.

The health service, based in the northern suburbs of Melbourne, sought the exemption because some female patients could not be treated by male physiotherapists due to cultural and religious restrictions. The health service wanted to provide a female service directed at these cultural and religious groups.

The physiotherapy service argued that it was often required to treat clients while partially undressed and often in relation to pregnancy related conditions, and that this would not be a service that women of some middle eastern backgrounds could receive from a male physiotherapist.

While the ruling raises questions about the clash of cultural values and norms amongst multicultural communities in the Australian context, the basis for any exemption from the Equal Opportunity Act must strictly be justified on grounds of preserving human dignity, equality and freedom. And it follows similar ‘female-only’ exemptions for swimming lessons, public pool sessions and dance parties.

There have been exemption applications rejected such as applications to allow female only travel tours etc, thus illustrating that such exemptions are made with a view to preserving opportunities for all cultural groups to undertake daily activities freely and with dignity, and not simply to serve the convenience of various organisations and businesses.