As we approach ANZAC Day, many of our members have applied for trading hour restriction exemptions in New South Wales, with a significant number of applications being unsuccesful.
Based on the trends we’ve seen, it appears that applications are being rejected primarily due to an inability to demonstrate the ‘exceptional circumstances’ required under the guidelines.
To assist you in preparing future exemption requests, we’ve outlined some examples of potential exceptional circumstances that could apply to your situation.
Note this is not an exhaustive list, and as each case is unique, we encourage you to visit: NSW Fair Trading Retail Trading Information for more detailed guidance. On this page, you’ll find a comprehensive list of previously unsuccessful applications, which can provide valuable insights to help shape your submission based on past decisions.
Examples of Exceptional Circumstances:
Significant Community Event or Tradition: If your business is located in a region where ANZAC Day is marked by a large community event, such as a parade or memorial service, and your business plays a central role in supporting or facilitating this event, this could be considered an exceptional circumstance.
Essential Services or Products: If your business provides essential services or goods, such as food, medical supplies, or emergency services, this could justify an exemption to ensure that these resources remain accessible during restricted trading hours.
Unique Business Location: If your business is located near ANZAC Day commemorative sites (e.g., war memorials), and you anticipate an influx of visitors or participants, this may qualify as an exceptional circumstance for exemption consideration.
Pre-existing Special Agreement or Policy: If your business has a pre-existing agreement with local authorities or industry-specific policy granting permission to trade on holidays, this could support your exemption request.
Impact on Business Sustainability: In some cases, demonstrating that not being able to trade on ANZAC Day will significantly impact the sustainability of your business could be considered an exceptional circumstance, particularly for small businesses dependent on holiday trade.
What you can do next
When preparing your exemption request, ensure that your application clearly outlines any exceptional circumstances specific to your business. Providing evidence of how these circumstances apply will help strengthen your case.
Need help? Contact us
Should you need any further assistance or have questions regarding the exemption process, please feel free to reach out to our Employment Advisory team on 1800 888 479 or via the online enquiry form.
