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In exceptional cases, public sector agencies may seek an exemption or variation to the requirements of an Instruction.  An agency will need to demonstrate that compliance would significantly impact on service delivery and the situation by cannot be addressed by other means. 

An application for an exemption or variation should be addressed to the Commissioner in writing and include:

• the title and number of the relevant Instruction and the particular clauses for which the exemption or variation is sought
• if the exemption or variation is sought for only part of a public sector body, then the title and nature of operations for the area should be clearly specified
• the circumstances giving rise to the application and the impact it will have on critical service delivery or statutory/regulatory obligations
• the actions taken by the agency to plan for or manage the situation
• an explanation of why the objectives sought to be achieved through the exemption or variation could not be achieved through other appropriate mechanisms or administrative arrangements
• where an exemption is sought to a public sector standard or code of ethics, an explanation as to how minimum standards of merit, equity and probity are to be met if the exemption were to be granted
• the timeframe for which the exemption or variation is sought.