ANTI-DISCRIMINATION ACT 1991 Reprinted as in force on 1 July 2009 Reprint No. 8 > TABLE OF PROVISIONS Contents CHAPTER 1--PRELIMINARY 1. Short title 3. Act binds Crown 3A. Application of Act to ships connected with Queensland 4. Definitions 4A. Meaning of public act 5. Meaning of unjustifiable hardship CHAPTER 2--DISCRIMINATION PROHIBITED BY THIS ACT (COMPLAINT) Part 1--Act's anti-discrimination purpose 6. Act's anti-discrimination purpose and how it is to be achieved Part 2--Prohibited grounds of discrimination 7. Discrimination on the basis of certain attributes prohibited 8. Meaning of discrimination on the basis of an attribute Part 3--Prohibited types of discrimination 9. Discrimination of certain types prohibited 10. Meaning of direct discrimination 11. Meaning of indirect discrimination Part 4--Areas of activity in which discrimination is prohibited Division 1--Part's structure 12. Explanatory provision (structure) Division 2--Work and work-related areas Subdivision 1--Prohibitions in work and work-related areas 13. Explanatory provision (prohibitions) 14. Discrimination in the pre-work area 15. Discrimination in work area 15A. Discrimination by principals 16. Discrimination by proposed partnership in pre-partnership area 17. Discrimination by existing partnership in pre-partnership area 18. Discrimination by existing partnership in partnership area 19. Discrimination by industrial, professional, trade or business organisation in pre-membership area 20. Discrimination by industrial, professional, trade or business organisation in membership area 21. Discrimination by qualifying body in pre-qualification area 22. Discrimination by qualifying body in qualification area 23. Discrimination in employment agency area Subdivision 2--Exemptions for discrimination in work and work-related areas 24. Explanatory provision (exemptions) 25. Genuine occupational requirements 26. Residential domestic services 27. Residential childcare services 28. Work with children 30. Single sex accommodation 31. Workers are to be married couple 32. Retiring age for partners 33. Youth wages 34. Special terms if job capacity is restricted by impairment 35. Special services or facilities required 36. Circumstances of impairment Division 3--Education area Subdivision 1--Prohibitions in education area 37. Explanatory provision (prohibitions) 38. Discrimination by educational authority in prospective student area 39. Discrimination by educational authority in student area Subdivision 2--Exemptions for discrimination in education area 40. Explanatory provision (exemptions) 41. Single sex, religion, etc. educational institution 43. Age-based admission scheme 44. Special services or facilities required Division 4--Goods and services area Subdivision 1--Prohibition in goods and services area 45. Explanatory provision (prohibition) 45A. Non-application of s 46 to provision of assisted reproductive technology services 46. Discrimination in goods and services area Subdivision 2--Exemptions for discrimination in goods and services area 47. Explanatory provision (exemptions) 48. Sites of cultural or religious significance 49. Age-based benefits 50. Children to be accompanied by an adult 51. Special services or facilities required Division 5--Superannuation area Subdivision 1--Prohibitions in superannuation area 52. Explanatory provision (prohibitions) 53. Discrimination in superannuation area (goods and services) 54. Discrimination in superannuation area (pre-work) 55. Discrimination in superannuation area (work) 56. Discrimination in superannuation area (pre-partnership) 57. Discrimination in superannuation area (partnership) Subdivision 2--Exemptions for discrimination in superannuation area 58. Explanatory provision (exemptions) 59. Commonwealth exemption (sex or relationship status) 60. Retention of existing superannuation fund conditions (age or impairment) 61. New superannuation fund conditions—actuarial or statistical data (age or impairment) 62. New superannuation fund conditions—other data (age or impairment) 63. New superannuation fund conditions—no data (age or impairment) 64. Application of Commonwealth occupational superannuation standard 65. Compliance etc. with Commonwealth legislation Division 6--Insurance area Subdivision 1--Prohibitions in insurance area 66. Explanatory provision (prohibitions) 67. Discrimination in insurance area (goods and services) 68. Discrimination in insurance area (pre-work) 69. Discrimination in insurance area (work) 70. Discrimination in insurance area (pre-partnership) 71. Discrimination in insurance area (partnership) Subdivision 2--Exemptions for discrimination in insurance area 72. Explanatory provision (exemptions) 73. Commonwealth exemption (sex) 74. Actuarial or statistical data (age or impairment) 75. No actuarial or statistical data (age or impairment) Division 7--Disposition of land area Subdivision 1--Prohibition in disposition of land area 76. Explanatory provision (prohibition) 77. Discrimination in disposition of land area Subdivision 2--Exemptions for discrimination in disposition of land area 78. Explanatory provision (exemptions) 79. Disposition by will or gift 80. Sites of cultural or religious significance Division 8--Accommodation area Subdivision 1--Prohibitions in accommodation area 81. Explanatory provision (prohibitions) 82. Discrimination in pre-accommodation area 83. Discrimination in accommodation area 84. Discrimination by refusing to allow reasonable alterations 85. Discrimination by refusing to allow guide, hearing or assistance dog Subdivision 2--Exemptions for discrimination in accommodation area 86. Explanatory provision (exemptions) 87. Shared accommodation 88. Accommodation for workers 89. Accommodation for students 90. Accommodation with religious purposes 91. Accommodation with charitable purposes 92. Special services or facilities required Division 9--Club membership and affairs area Subdivision 1--Prohibitions in club membership and affairs area 93. Explanatory provision (prohibitions) 94. Discrimination by club in prospective membership area 95. Discrimination by club in membership and affairs area Subdivision 2--Exemptions for discrimination in club membership and affairs area 96. Explanatory provision (exemptions) 97. Club established for minority cultures and disadvantaged people 98. Reasonable sex discrimination permitted 99. Reasonable risk of injury 100. Special services or facilities required Division 10--Administration of State laws and programs area 101. Discrimination in administration of State laws and programs area Division 11--Local government area 102. Discrimination by local government member Part 5--General exemptions for discrimination 103. Explanatory provision (exemptions) 104. Welfare measures 105. Equal opportunity measures 106. Acts done in compliance with legislation etc. 106A. Compulsory retirement age under legislation etc. 107. Public health 108. Workplace health and safety 109. Religious bodies 110. Charities 111. Sport 112. Legal incapacity 113. Tribunal Part 6--Discrimination by worker, agent, member etc. also prohibited 114. Discrimination by worker or agent 115. Discrimination by member of industrial, professional, trade or business organisation 116. Discrimination by club's committee of management etc. CHAPTER 3--SEXUAL HARASSMENT PROHIBITED BY THIS ACT (COMPLAINT) Part 1--Act's freedom from sexual harassment purpose 117. Act's freedom from sexual harassment purpose and how it is to be achieved Part 2--Prohibition of sexual harassment 118. Sexual harassment 119. Meaning of sexual harassment 120. Meaning of relevant circumstances CHAPTER 4--ASSOCIATED OBJECTIONABLE CONDUCT (COMPLAINT) Part 1--Act's freedom from associated objectionable conduct purpose 121. Act's freedom from associated objectionable conduct purpose and how it is to be achieved Part 2--Requesting and encouraging contravention of the Act 122. Request or encouragement of contravention 123. Liability for contravention Part 3--Unlawful requests for information 124. Unnecessary information Part 4--Racial and religious vilification 124A. Vilification on grounds of race, religion, sexuality or gender identity unlawful CHAPTER 5--ASSOCIATED HIGHLY OBJECTIONABLE CONDUCT (COMPLAINT AND PENALTY) Part 1--Act's freedom from associated highly objectionable conduct purpose 125. Act's freedom from associated highly objectionable conduct purpose and how it is to be achieved Part 3--Discriminatory advertising 127. Discriminatory advertisements 128. Inducement Part 4--Victimisation 129. Victimisation 130. Meaning of victimisation 131. Victimisation continues even if proceedings etc. do not CHAPTER 5A--SERIOUS RACIAL AND RELIGIOUS VILIFICATION 131A. Offence of serious racial, religious, sexuality or gender identity vilification CHAPTER 6--LIABILITY FOR CONTRAVENTIONS OF WORKERS AND AGENTS (COMPLAINT) 132. Act's vicarious liability purpose and how it is to be achieved 133. Vicarious liability CHAPTER 7--ENFORCEMENT Part 1--What the Anti-Discrimination Commission may do Division 1--The complaint process Subdivision 1--All complaints 134. Who may complain 135. Complaint may allege more than 1 contravention 136. Making a complaint 137. Unfair agreements not to complain are not binding 138. Time limit on making complaints 139. Commissioner must reject frivolous, trivial etc. complaints 140. Commissioner may reject or stay complaints dealt with elsewhere 141. Time limit on acceptance or rejection of complaints 142. Reasons for rejected complaints 143. Respondent is to be notified of accepted complaint 144. Interim orders protecting complainant's interests (before reference to tribunal) 145. Anonymity Subdivision 2--Representative complaints 146. Representative complaints 147. Criteria for determining whether prima facie representative complaint 148. Amendment resulting in representative complaint 149. Amendment resulting in non-representative complaint 150. Directions about conduct of representative complaint 151. Representative complainant must choose 152. Non-representative complaint not precluded by representative complaint Subdivision 3--Complaints by dismissed workers 153. Dismissed worker lodges complaint first 154. Dismissed worker applies for industrial relief first Division 2--The investigation process 154A. Investigation of complaint 155. Requirement to initiate investigation 156. Commissioner may obtain information and documents 157. Commissioner may obtain actuarial, statistical or other data Division 3--The conciliation process 158. Conciliation of complaints 159. Attendance at conciliation conference 160. Party fails to attend conference 161. Conference to be held in private 162. Interpreter may be used 163. Representative may be used with permission 164. Resolution by conciliation Division 4--Unconciliated complaints 164A. Right of complainant to seek referral to tribunal after conciliation conference 165. Complaints which are not resolved by conciliation 166. Complainant may obtain referral of unconciliated complaint 167. Complainant or respondent may seek referral after 6 months Division 5--Lapsed or withdrawn complaints or authorisation 168. Frivolous etc. complaint lapses 169. Complaint may lapse if complainant loses interest 170. Complainant may withdraw complaint 171. Commissioner may withdraw authorisation Division 6--Miscellaneous 172. Commissioner may extend time limits 173. Authentication of documents 174. Judicial notice of commissioner's signature Part 2--What the Anti-Discrimination Tribunal may do Division 1--The pre-hearing process Subdivision 1--All complaints 175. Time limit on referred complaints 176. Constitution of tribunal 177. Tribunal may join a person as a party 178. Complaints may be amended 179. Complaints may be dealt with jointly 180. Tribunal powers prior to a hearing (conference) 181. Tribunal powers prior to a hearing (information and documents) 182. Attendance at conference 183. Conference to be held in private 184. Interpreter may be used 185. Solicitor or counsel assisting the tribunal 186. Officer assisting the tribunal 187. Representative may be used in certain cases 188. Tribunal to refer complaint for conciliation 189. Resolution before tribunal order 190. Interim orders protecting complainant's interests (tribunal) 191. Anonymity 192. Publication of evidence may be restricted 193. Complainant may withdraw complaint Subdivision 2--Representative complaints 194. Representative complaints 195. Criteria for determining whether representative complaint 196. Amendment resulting in representative complaint 197. Amendment resulting in non-representative complaint 198. Directions about conduct of representative complaint 199. Representative complainant must choose 200. Non-representative complaint not precluded by representative complaint Division 2--The hearing process 201. Tribunal's powers relating to attendance at hearing and evidence 202. Party fails to attend hearing 203. Hearings to be public 204. Burden of proof—general principle 205. Burden of proof—indirect discrimination 206. Burden of proof—exemptions 207. Commissioner may provide investigation reports 208. Evaluation of evidence Division 3--The post-hearing process 209. Orders the tribunal may make if complaint is proven 210. Tribunal may dismiss complaint 211. Written reasons for orders 212. Enforcement of orders 213. Costs Division 3A--Offers to settle 213A. Presumption of order for costs if offer to settle is rejected 213B. Offer to settle 213C. Acceptance of offer to settle 213D. Consequences if accepted offer is not complied with Division 4--Miscellaneous 214. Authentication of documents 215. Judicial notice of certain signatures 215A. Tribunal may dismiss frivolous and other complaints Part 3--What the Supreme Court may do 216. Supreme Court opinion 217. Appeals against tribunal decisions 218. Powers of Supreme Court Part 4--Offences (no complaint) Division 1--Creation of offences to assist in enforcement 219. Creation of offences Division 2--Improper communication offence 220. Improper communication of official information Division 3--Offences against the commissioner, the tribunal and their staff 221. False or misleading information 222. Obstruction 223. Contempt of commission 224. Contempt of tribunal Division 5--Procedure 226. Proceedings for offences 226A. Continuing prohibition on identity disclosure 226B. Continuing restriction on publication of evidence Part 5--Proceedings involving unincorporated association 227. Unincorporated association represented by committee member CHAPTER 8--OPINIONS 228. Commissioner may seek tribunal opinion 229. Tribunal has discretion 230. Tribunal may request further information 231. No complaint if compliance with opinion 232. Revocation of opinion 233. Appeal from opinion CHAPTER 9--ADMINISTRATION Part 1--The Anti-Discrimination Commission 234. The Anti-Discrimination Commission and Commissioner 235. Commission's functions 236. Commissioner's powers 237. Financial administration 237A. Commission is statutory body 238. Appointment of commissioner 239. Terms of appointment 240. Preservation of rights 241. Leave of absence 242. Resignation 243. Termination of appointment 244. Delegation of power by commissioner 245. Acting commissioner 246. Commission staff Part 2--The Anti-Discrimination Tribunal 246A. Definition for pt 2 247. The Anti-Discrimination Tribunal and members 248. Tribunal's functions 249. Tribunal's powers 250. Appointment of president and other members 251. Arrangement of business 252. Terms of appointment 253. Leave of absence 254. Resignation 255. Termination of appointment 256. Acting member 257. Registrar and tribunal staff 257A. Powers of registrar to perform tribunal's functions and exercise tribunal's powers in non-contentious matter Part 3--Commonwealth/State arrangement 258. Performance of functions 259. Necessary provisions 260. Act performed under arrangement 261. Alterations 262. Form of alterations 263. Arrangement to prevail CHAPTER 10--MISCELLANEOUS Part 1--Service 263A. Definitions for pt 1 263B. Operation of pt 1 263C. General requirement for address of service 263D. Advice to tribunal of address for service 263E. Change of address for service 263F. Use of address for service 263G. Communication effected by giving of document 263H. No address for service advised 263I. Email or fax address Part 2--Other matters 264. No communication of official information to court 265. Protection from civil actions—exercise of functions etc. 266. Protection from civil actions—complaint etc. 266A. Protection and immunity 267. Regulation-making power CHAPTER 11--TRANSITIONAL PROVISIONS Part 1 Transitional provision for Act N o . 29 of 1994 268. Transitional provisions about compulsory age retirement Part 2--Transitional provisions for Discrimination Law Amendment Act 2002 269. Application of amendments made by Discrimination Law Amendment Act 2002 270. Operation of service provisions for complaints received before commencement SCHEDULE -- DICTIONARY Endnotes - LONG TITLE An Act to promote equality of opportunity for everyone by protecting them from unfair discrimination in certain areas of activity and from sexual harassment and certain associated objectionable conduct Parliament's reasons for enacting this Act are-- 1 The international community has long recognised the need to protect and preserve the principles of dignity and equality for everyone. 2 This is reflected in a number of international human rights instruments that the Commonwealth has ratified, including-- • the International Convention on the Elimination of All Forms of Racial Discrimination • the Convention on the Elimination of All Forms of Discrimination Against Women • the International Labour Organisation Convention No. 111-- Discrimination (Employment and Occupation) • the International Labour Organisation Convention No. 156--Workers with Family Responsibilities • the International Covenant on Civil and Political Rights • the Convention on the Rights of the Child • the Declaration on the Rights of Mentally Retarded Persons • the Declaration on the Rights of Disabled Persons. 3 The Parliament is supportive of the Commonwealth's ratification of these international instruments. 4 In fulfilling its obligations under these international instruments the Commonwealth has enacted certain human rights legislation. 5 The Parliament is satisfied that there is a need-- (a) to extend the Commonwealth legislation; and (b) to apply anti-discrimination law consistently throughout the State; and (c) to ensure that determinations of unlawful conduct are enforceable in the courts of law. 6 The Parliament considers that-- (a) everyone should be equal before and under the law and have the right to equal protection and equal benefit of the law without discrimination; and (b) the protection of fragile freedoms is best effected by legislation that reflects the aspirations and needs of contemporary society; and (c) the quality of democratic life is improved by an educated community appreciative and respectful of the dignity and worth of everyone. 7 It is, therefore, the intention of the Parliament to make provision, by the special measures enacted by the Act, for the promotion of equality of opportunity for everyone by protecting them from unfair discrimination in certain areas of activity and from sexual harassment and certain associated objectionable conduct. 1 Short title This Act may be cited as the Anti-Discrimination Act 1991. 3 Act binds Crown This Act binds-- (a) the Crown in right of Queensland; and (b) the Crown in all its other capacities so far as the legislative power of the Parliament allows. 3A Application of Act to ships connected with Queensland (1) Without limiting the extent to which this Act may otherwise apply, it is declared that this Act applies to acts done on ships connected with Queensland. (2) However, subsection (1) does not limit the laws of Queensland providing for the application of the criminal law to offences committed at sea. (3) For this section, a ship is a ship connected with Queensland if-- (a) it is registered under the Shipping Registration Act 1981 (Cwlth) with a home port in Queensland; or (b) it is, or is required to be, registered or licensed under the Transport Operations (Marine Safety) Act 1994 or another Act; or (c) it is owned or chartered by-- (i) an individual whose place of residence, or principal place of residence, is in Queensland; or (ii) a person whose place of business, or principal place of business, is in Queensland; or (iii) a person whose principal place of business for managing the ship's operations is in Queensland. 4 Definitions The dictionary in the schedule defines particular words used in this Act. 4A Meaning of public act (1) A public act includes-- (a) any form of communication to the public, including by speaking, writing, printing, displaying notices, broadcasting, telecasting, screening or playing of tapes or other recorded material, or by electronic means; and (b) any conduct that is observable by the public, including actions, gestures and the wearing or display of clothing, signs, flags, emblems or insignia. (2) Despite anything in subsection (1), a public act does not include the distribution or dissemination of any matter by a person to the public if the person does not know, and could not reasonably be expected to know, the content of the matter. 5 Meaning of unjustifiable hardship Whether the supply of special services or facilities would impose unjustifiable hardship on a person depends on all the relevant circumstances of the case, including, for example-- (a) the nature of the special services or facilities; and (b) the cost of supplying the special services or facilities and the number of people who would benefit or be disadvantaged; and (c) the financial circumstances of the person; and (d) the disruption that supplying the special services or facilities might cause; and (e) the nature of any benefit or detriment to all people concerned. Example of application in the work area (section 35)-- Company R refuses to employ A who uses a wheelchair because there is no appropriate access to the place of employment. R may only discriminate against A on the basis of impairment if supplying access would be very expensive or would impose another significant hardship on R. 6 Act's anti-discrimination purpose and how it is to be achieved (1) One of the purposes of the Act is to promote equality of opportunity for everyone by protecting them from unfair discrimination in certain areas of activity, including work, education and accommodation. (2) This purpose is to be achieved by-- (a) prohibiting discrimination that is-- (i) on a ground set out in part 2; and (ii) of a type set out in part 3; and (iii) in an area of activity set out in part 4; unless an exemption set out in part 4 or 5 applies; and (b) allowing a complaint to be made under chapter 7 against the person who has unlawfully discriminated; and (c) using the agencies and procedures established under chapter 7 to deal with the complaint. 7 Discrimination on the basis of certain attributes prohibited The Act prohibits discrimination on the basis of the following attributes-- (a) sex; (b) relationship status; (c) pregnancy; (d) parental status; (e) breastfeeding; (f) age; (g) race; (h) impairment; (i) religious belief or religious activity; (j) political belief or activity; (k) trade union activity; (l) lawful sexual activity; (m) gender identity; (n) sexuality; (o) family responsibilities; (p) association with, or relation to, a person identified on the basis of any of the above attributes. 8 Meaning of discrimination on the basis of an attribute Discrimination on the basis of an attribute includes direct and indirect discrimination on the basis of-- (a) a characteristic that a person with any of the attributes generally has; or (b) a characteristic that is often imputed to a person with any of the attributes; or (c) an attribute that a person is presumed to have, or to have had at any time, by the person discriminating; or (d) an attribute that a person had, even if the person did not have it at the time of the discrimination. Example of paragraph (c)-- If an employer refused to consider a written application from a person called Viv because it assumed Viv was female, the employer would have discriminated on the basis of an attribute (female sex) that Viv (a male) was presumed to have. 9 Discrimination of certain types prohibited The Act prohibits the following types of discrimination-- (a) direct discrimination; (b) indirect discrimination. 10 Meaning of direct discrimination (1) Direct discrimination on the basis of an attribute happens if a person treats, or proposes to treat, a person with an attribute less favourably than another person without the attribute is or would be treated in circumstances that are the same or not materially different. Example-- R refuses to rent a flat to C because-- C is English and R doesn't like English people C's friend, B, is English and R doesn't like English people R believes that English people are unreliable tenants. In each case, R discriminates against C, whether or not R's belief about C's or B's nationality, or the characteristics of people of that nationality, is correct. (2) It is not necessary that the person who discriminates considers the treatment is less favourable. (3) The person's motive for discriminating is irrelevant. Example-- R refuses to employ C, who is Chinese, not because R dislikes Chinese people, but because R knows that C would be treated badly by other staff, some of whom are prejudiced against Asian people. R's conduct amounts to discrimination against C. (4) If there are 2 or more reasons why a person treats, or proposes to treat, another person with an attribute less favourably, the person treats the other person less favourably on the basis of the attribute if the attribute is a substantial reason for the treatment. (5) In determining whether a person treats, or proposes to treat a person with an impairment less favourably than another person is or would be treated in circumstances that are the same or not materially different, the fact that the person with the impairment may require special services or facilities is irrelevant. 11 Meaning of indirect discrimination (1) Indirect discrimination on the basis of an attribute happens if a person imposes, or proposes to impose, a term-- (a) with which a person with an attribute does not or is not able to comply; and (b) with which a higher proportion of people without the attribute comply or are able to comply; and (c) that is not reasonable. (2) Whether a term is reasonable depends on all the relevant circumstances of the case, including, for example-- (a) the consequences of failure to comply with the term; and (b) the cost of alternative terms; and (c) the financial circumstances of the person who imposes, or proposes to impose, the term. (3) It is not necessary that the person imposing, or proposing to impose, the term is aware of the indirect discrimination. (4) In this section-- term includes condition, requirement or practice, whether or not written. Example 1-- An employer decides to employ people who are over 190cm tall, although height is not pertinent to effective performance of the work. This disadvantages women and people of Asian origin, as there are more men of non-Asian origin who can comply. The discrimination is unlawful because the height requirement is unreasonable, there being no genuine occupational reason to justify it. Example 2-- An employer requires employees to wear a uniform, including a cap, for appearance reasons, not for hygiene or safety reasons. The requirement is not directly discriminatory, but it has a discriminatory effect against people who are required by religious or cultural beliefs to wear particular headdress. 12 Explanatory provision (structure) (1) This part specifies the areas of activity in which discrimination is prohibited and the exemptions that apply in relation to those areas. (2) Part 5 specifies general exemptions that apply to all the areas. 13 Explanatory provision (prohibitions) (1) A person must not discriminate in the work or work-related area if a prohibition in sections 14 to 23 applies. (2) This subdivision does not apply to discrimination in connection with superannuation or insurance. (3) Discrimination in connection with superannuation or insurance is dealt with in sections 52 to 75. 14 Discrimination in the pre-work area A person must not discriminate-- (a) in the arrangements made for deciding who should be offered work; or (b) in deciding who should be offered work; or (c) in the terms of work that is offered, including, for example, a term about when the work will end because of a person's age; or (d) in failing to offer work; or (e) by denying a person seeking work access to a guidance program, an apprenticeship training program or other occupational training or retraining program; or (f) in developing the scope or range of such a program. 15 Discrimination in work area (1) A person must not discriminate-- (a) in any variation of the terms of work; or (b) in denying or limiting access to opportunities for promotion, transfer, training or other benefit to a worker; or (c) in dismissing a worker; or (d) by denying access to a guidance program, an apprenticeship training program or other occupational training or retraining program; or (e) in developing the scope or range of such a program; or (f) by treating a worker unfavourably in any way in connection with work. (2) In this section-- dismissing includes ending the particular work of a person by forced retirement, failure to provide work or otherwise. 15A Discrimination by principals (1) This section applies if a person (the worker) does work, or is to do work, for another person (the principal) under or because of-- (a) a contract between the principal and a third person; or (b) another arrangement, or a series of arrangements, involving the principal and a third person, whether or not the arrangement or series of arrangements also involves other persons. (2) The principal must not discriminate against the worker-- (a) in the terms in which the principal allows the worker to work; or (b) by not allowing the worker to work or continue to work; or (c) by denying or limiting access by the worker to any benefits connected with the work; or (d) by treating the worker unfavourably in any way in connection with the work. (3) This section does not limit section 15. 16 Discrimination by proposed partnership in pre-partnership area Six or more people who propose to form themselves into a partnership must not discriminate-- (a) in deciding who should be invited to become a partner; or (b) in the terms on which a person is invited to become a partner. 17 Discrimination by existing partnership in pre-partnership area A partner in a partnership that consists of 6 or more people must not discriminate-- (a) in deciding who should be invited to become a partner; or (b) in the terms on which a person is invited to become a partner. 18 Discrimination by existing partnership in partnership area A partner in a partnership that consists of 6 or more people must not discriminate-- (a) in any variation of the terms of the partnership; or (b) in denying or limiting access by another partner to any benefit arising from the partnership; or (c) in expelling another partner from the partnership; or (d) by treating another partner unfavourably in any way in connection with the partnership. 19 Discrimination by industrial, professional, trade or business organisation in pre-membership area (1) An organisation of workers, employers, or people who carry on an industry, profession, trade or business must not discriminate-- (a) in failing to accept a person's application for membership of the organisation; or (b) in the arrangements made for deciding who may join; or (c) in deciding who may join; or (d) in the terms on which a person may join. (2) Subsection (1) does not apply to discrimination on the basis of trade union activity if the Industrial Relations Act 1999, chapter 12, part 9, division 2, or part 10 applies. 20 Discrimination by industrial, professional, trade or business organisation in membership area (1) An organisation of workers, employers, or people who carry on an industry, profession, trade or business must not discriminate-- (a) in any variation of the terms of membership of the organisation; or (b) in denying or limiting access to any benefit arising from the membership; or (c) in depriving a person of membership; or (d) by treating a person unfavourably in any way in connection with the membership. (2) Subsection (1) does not apply to discrimination on the basis of trade union activity if the Industrial Relations Act 1999, chapter 12, part 9, division 2, or part 10 applies. 21 Discrimination by qualifying body in pre-qualification area A person who has power to grant, renew or extend a qualification or authorisation that (whether by itself or together with other qualifications or authorisations) is needed for, or facilitates, the practice of a profession, or the carrying on of a trade or business must not discriminate-- (a) in granting, renewing or extending a qualification or authorisation or failing to do so; or (b) in the terms on which a qualification or authorisation is granted, renewed or extended. 22 Discrimination by qualifying body in qualification area A person who has power to grant, renew or extend a qualification or authorisation that (whether by itself or together with other qualifications or authorisations) is needed for, or facilitates, the practice of a profession, or the carrying on of a trade or business must not discriminate against another person-- (a) in any variation of the terms on which a qualification or authorisation was granted, renewed or extended; or (b) in revoking or withdrawing a qualification or authorisation or failing to do so; or (c) by treating the other person unfavourably in any way in connection with the grant, renewal or extension of a qualification or authorisation. 23 Discrimination in employment agency area A person who carries on a business (whether or not for reward or profit) of introducing people seeking work to employers must not discriminate-- (a) by failing to supply a service of the business, whether to a person seeking work or an employer seeking a worker; or (b) in the terms on which a service is offered or supplied; or (c) in the way in which a service is supplied; or (d) by treating a person seeking work or an employer seeking a worker unfavourably in any way in connection with a service. 24 Explanatory provision (exemptions) It is not unlawful to discriminate in the work or work-related area if an exemption in sections 25 to 36 or part 5 applies. 25 Genuine occupational requirements (1) A person may impose genuine occupational requirements for a position. Examples of genuine requirements for a position-- Example 1-- selecting an actor for a dramatic performance on the basis of age, race or sex for reasons of authenticity Example 2-- using membership of a particular political party as a criterion for a position as an adviser to a political party or a worker in the office of a member of Parliament Example 3-- considering only women applicants for a position involving body searches of women Example 4-- employing persons of a particular religion to teach in a school established for students of the particular religion (2) Subsection (3) applies in relation to-- (a) work for an educational institution (an employer) under the direction or control of a body established for religious purposes; or (b) any other work for a body established for religious purposes (also an employer) if the work genuinely and necessarily involves adhering to and communicating the body's religious beliefs. (3) It is not unlawful for an employer to discriminate with respect to a matter that is otherwise prohibited under section 14 or 15, in a way that is not unreasonable, against a person if-- (a) the person openly acts in a way that the person knows or ought reasonably to know is contrary to the employer's religious beliefs-- (i) during a selection process; or (ii) in the course of the person's work; or (iii) in doing something connected with the person's work; and Example for paragraph (a)-- A staff member openly acts in a way contrary to a requirement imposed by the staff member's employer in his or her contract of employment, that the staff member abstain from acting in a way openly contrary to the employer's religious beliefs in the course of, or in connection with the staff member's employment. (b) it is a genuine occupational requirement of the employer that the person, in the course of, or in connection with, the person's work, act in a way consistent with the employer's religious beliefs. (4) Subsection (3) does not authorise the seeking of information contrary to section 124. (5) For subsection (3), whether the discrimination is not unreasonable depends on all the circumstances of the case, including, for example, the following-- (a) whether the action taken or proposed to be taken by the employer is harsh or unjust or disproportionate to the person's actions; (b) the consequences for both the person and the employer should the discrimination happen or not happen. (6) Subsection (3) does not apply to discrimination on the basis of age, race or impairment. (7) To remove any doubt, it is declared that subsection (3) does not affect a provision of an agreement with respect to work to which subsection (3) applies, under which the employer agrees not to discriminate in a particular way. (8) In this section-- religion includes religious affiliation, beliefs and activities. selection process means a process the purpose of which is to consider whether to offer a person work. 26 Residential domestic services (1) It is not unlawful for a person to discriminate-- (a) in the arrangements made for deciding who should be offered work; or (b) in deciding who should be offered work; or (c) in failing to offer work; or (d) in dismissing a worker; if the work is to perform domestic services at the person's home. (2) Subsection (1) does not apply to discrimination on the basis of race. 27 Residential childcare services (1) It is not unlawful for a person to discriminate-- (a) in the arrangements made for deciding who should be offered work; or (b) in deciding who should be offered work; or (c) in failing to offer work; or (d) in dismissing a worker; if the work is to care for the person's children at the person's home. (2) Subsection (1) does not apply to discrimination on the basis of race. 28 Work with children (1) It is not unlawful to discriminate on the basis of lawful sexual activity or gender identity against a person with respect to a matter that is otherwise prohibited under subdivision 1 if-- (a) the work involves the care or instruction of minors; and (b) the discrimination is reasonably necessary to protect the physical, psychological or emotional wellbeing of minors having regard to all the relevant circumstances of the case, including the person's actions. (2) It is not unlawful to discriminate against a person with respect to a matter that is otherwise prohibited under subdivision 1 if-- (a) the work involves the care or instruction of minors; and (b) whether before of after the commencement of this subsection, the person has been-- (i) convicted in Queensland or elsewhere of an offence of a sexual nature involving a child; or (ii) disqualified from working with children under an Act of a State or of the Commonwealth. 30 Single sex accommodation (1) It is not unlawful for a person to discriminate on the basis of sex against another person with respect to a matter that is otherwise prohibited under subdivision 1 if the other person is required to live in accommodation supplied by the first person and-- (a) the accommodation is not equipped with separate sleeping accommodation for people of each sex; and (b) the accommodation is already occupied by a person or people of one sex and is not occupied by anyone of the opposite sex; and (c) the supply of separate sleeping accommodation for people of each sex would impose unjustifiable hardship on the first person. (2) Whether the supply of separate sleeping accommodation for people of each sex would impose unjustifiable hardship on a person depends on all the relevant circumstances of the case, including, for example-- (a) the nature of the accommodation; and (b) the cost of supplying the separate sleeping accommodation and the number of people who would benefit or be disadvantaged; and (c) the financial circumstances of the person; and (d) the disruption that supplying the separate sleeping accommodation might cause; and (e) the nature of any benefit or detriment to all people concerned. 31 Workers are to be married couple It is not unlawful for a person to discriminate on the basis of relationship status-- (a) in the arrangements made for deciding who should be offered work; or (b) in deciding who should be offered work; or (c) in the terms of work that is offered; or (d) in failing to offer work; or (e) in dismissing a worker; if-- (f) the work is for one of 2 positions that the person wants held concurrently by a married couple or by 2 persons each of whom is the de facto partner of the other; and (g) the workers are required to live in accommodation supplied by the person. 32 Retiring age for partners (1) It is not unlawful in deciding who should be invited to become a partner in a partnership for a person to discriminate on the basis of age against someone else through a requirement that the other person-- (a) must not be more than a specified age; or (b) must retire from a partnership at a specified age. (2) It is not unlawful in any variation of the terms of a partnership for a person to discriminate on the basis of age against someone else through a requirement that the other person-- (a) must not be more than a specified age; or (b) must retire from a partnership at a specified age. (3) This section has effect despite the Industrial Relations Act 1999, section 73(2)(k). 33 Youth wages A person may remunerate a worker who is under 21 years of age according to the worker's age. 34 Special terms if job capacity is restricted by impairment A person may fix reasonable terms in relation to the holder or prospective holder of a position who, because of an impairment-- (a) has a restricted capacity to do work genuinely and reasonably required for the position; or (b) requires special conditions in order to be able to do the work. 35 Special services or facilities required (1) It is not unlawful for a person to discriminate on the basis of impairment against another person with respect to a matter that is otherwise prohibited under subdivision 1 if-- (a) the other person would require special services or facilities; and (b) the supply of special services or facilities would impose unjustifiable hardship on the first person. (2) Whether the supply of special services or facilities would impose unjustifiable hardship depends on the circumstances set out in section 5. 36 Circumstances of impairment (1) It is not unlawful for a person to discriminate on the basis of impairment against another person with respect to a matter that is otherwise prohibited under subdivision 1 if the circumstances of the impairment would impose unjustifiable hardship on the first person. (2) Whether the circumstances of the impairment would impose unjustifiable hardship on a person depends on all the relevant circumstances of the case, including, for example-- (a) the nature of the impairment; and (b) the nature of the work or partnership. 37 Explanatory provision (prohibitions) An educational authority must not discriminate in the education area if a prohibition in section 38 or 39 applies. 38 Discrimination by educational authority in prospective student area An educational authority must not discriminate-- (a) in failing to accept a person's application for admission as a student; or (b) in the way in which a person's application is processed; or (c) in the arrangements made for, or the criteria used in, deciding who should be offered admission as a student; or (d) in the terms on which a person is admitted as a student. 39 Discrimination by educational authority in student area An educational authority must not discriminate-- (a) in any variation of the terms of a student's enrolment; or (b) by denying or limiting access to any benefit arising from the enrolment that is supplied by the authority; or (c) by excluding a student; or (d) by treating a student unfavourably in any way in connection with the student's training or instruction. 40 Explanatory provision (exemptions) It is not unlawful for an educational authority to discriminate in the education area if an exemption in sections 41 to 44 or part 5 applies. 41 Single sex, religion, etc. educational institution An educational authority that operates, or proposes to operate, an educational institution wholly or mainly for students of a particular sex or religion, or who have a general or specific impairment may exclude-- (a) applicants who are not of the particular sex or religion; or (b) applicants who do not have a general, or the specific, impairment. 43 Age-based admission scheme An educational authority may select students for an education program on the basis of an admission scheme that has a minimum qualifying age. 44 Special services or facilities required (1) Subject to the Education (General Provisions) Act 2006, it is not unlawful for an educational authority to discriminate on the basis of impairment against a person with respect to a matter that is otherwise prohibited under subdivision 1 if-- (a) the person would require special services or facilities; and (b) the supply of special services or facilities would impose unjustifiable hardship on the educational authority. (2) Whether the supply of special services or facilities would impose unjustifiable hardship depends on the circumstances set out in section 5. 45 Explanatory provision (prohibition) (1) A person must not discriminate in the goods and services area if the prohibition in section 46 applies. (2) This subdivision does not apply to discrimination in connection with superannuation or insurance. (3) Discrimination in connection with superannuation or insurance is dealt with in sections 52 to 75. 45A Non-application of s 46 to provision of assisted reproductive technology services (1) Section 46 does not apply to the provision of assisted reproductive technology services if the discrimination is on the basis of relationship status or sexuality. (2) In this section-- assisted reproductive technology services means-- (a) services provided in the course of, or for the purpose of, any of the following-- (i) in-vitro fertilisation; (ii) artificial insemination; (iii) gamete, zygote or embryo transfer; or (b) any other services provided for the purpose of assisting in artificial fertilisation. 46 Discrimination in goods and services area (1) A person who supplies goods or services (whether or not for reward or profit) must not discriminate against another person-- (a) by failing to supply the goods or services; or (b) in the terms on which goods or services are supplied; or (c) in the way in which goods or services are supplied; or (d) by treating the other person unfavourably in any way in connection with the supply of goods and services. (2) In this section, a reference to a person who supplies goods and services does not include an association that-- (a) is established for social, literary, cultural, political, sporting, athletic, recreational, community service or any other similar lawful purposes; and (b) does not carry out its purposes for the purpose of making a profit. 47 Explanatory provision (exemptions) It is not unlawful to discriminate in the goods and services area if an exemption in sections 48 to 51 or part 5 applies. 48 Sites of cultural or religious significance A person may restrict access to land or a building of cultural or religious significance by people who are not of a particular sex, age, race or religion if the restriction-- (a) is in accordance with the culture concerned or the doctrine of the religion concerned; and (b) is necessary to avoid offending the cultural or religious sensitivities of people of the culture or religion. 49 Age-based benefits A person may supply benefits and concessions on the basis of age with respect to a matter that is otherwise prohibited under subdivision 1. Example 1-- A bus operator may give travel concessions to people under the age of 12 or over the age of 70. Example 2-- The Government may supply, on an age basis, Seniors' Cards that give entitlements to concessions. 50 Children to be accompanied by an adult A person may require, as a term of supplying goods and services to a minor, that a minor be accompanied by an adult if there would be a reasonable risk that a minor may cause a disruption or endanger himself or herself or others if not accompanied by an adult. Example-- The operator of a rifle range may require a minor who wants to use the range to be accompanied by an adult. 51 Special services or facilities required (1) It is not unlawful for a person to discriminate on the basis of impairment against another person with respect to a matter that is otherwise prohibited under subdivision 1 if-- (a) the other person would require special services or facilities; and (b) the supply of special services or facilities would impose unjustifiable hardship on the person supplying the goods or services. (2) Whether the supply of special services or facilities would impose unjustifiable hardship depends on the circumstances set out in section 5. 52 Explanatory provision (prohibitions) A person must not discriminate in the superannuation area if a prohibition in sections 53 to 57 applies. 53 Discrimination in superannuation area (goods and services) A person must not discriminate-- (a) by failing to supply superannuation; or (b) in the terms on which superannuation is supplied; or (c) in the way in which superannuation is supplied. 54 Discrimination in superannuation area (pre-work) A person must not discriminate against another person, who is seeking work with the person, in the terms of any work that is offered that relate to superannuation. 55 Discrimination in superannuation area (work) A person must not discriminate against another person who works for the person- - (a) in any variation of the terms of the work that relate to superannuation; or (b) in denying or limiting the other person's access to any benefit to a worker that relates to superannuation; or (c) by treating the other person unfavourably in any way in connection with superannuation. 56 Discrimination in superannuation area (pre-partnership) A person must not discriminate against another person, who is invited to become a partner of the person in a partnership that consists, or will consist, of 6 or more people, in the terms relating to superannuation on which the other person is invited to become a partner. 57 Discrimination in superannuation area (partnership) A partner in a partnership that consists of 6 or more people must not discriminate against another partner-- (a) in any variation of the terms of the partnership that relate to superannuation; or (b) in denying or limiting the other partner's access to any benefit arising from the partnership that relates to superannuation; or (c) by treating the other partner unfavourably in any way in connection with superannuation. 58 Explanatory provision (exemptions) It is not unlawful to discriminate in the superannuation area if an exemption in sections 59 to 65 or part 5 applies. 59 Commonwealth exemption (sex or relationship status) It is not unlawful to discriminate on the basis of sex or relationship status with respect to a matter that is otherwise prohibited under subdivision 1 if the discrimination is permitted under the Sex Discrimination Act 1984 (Cwlth). 60 Retention of existing superannuation fund conditions (age or impairment) (1) It is not unlawful to discriminate on the basis of age or impairment by retaining an existing superannuation fund condition in relation to a person who became a member of the fund before the commencement of section 53. (2) In this section-- existing superannuation fund condition means a superannuation fund condition in existence at the commencement of section 53. 61 New superannuation fund conditions--actuarial or statistical data (age or impairment) It is not unlawful for a person to discriminate on the basis of age or impairment by imposing a superannuation fund condition after the commencement of section 53 in relation to another person, irrespective of-- (a) whether the superannuation fund was in existence before the commencement of section 53; and (b) when the other person became, or becomes, a member of the fund; if-- (c) the condition is based on reasonable actuarial or statistical data from a source on which it is reasonable for the person to rely; and (d) the condition is reasonable having regard to the data and any other relevant factors. 62 New superannuation fund conditions--other data (age or impairment) It is not unlawful for a person to discriminate on the basis of age or impairment by imposing a superannuation fund condition after the commencement of section 53 in relation to another person, irrespective of-- (a) whether the superannuation fund was in existence before the commencement of section 53; and (b) when the other person became, or becomes, a member of the fund; if-- (c) there is no reasonable actuarial or statistical data from a source on which it is reasonable for the person to rely; and (d) the condition is based on other reasonable data from a source on which it is reasonable for the person to rely; and (e) the condition is reasonable having regard to the other data and any other relevant factors. 63 New superannuation fund conditions--no data (age or impairment) It is not unlawful for a person to discriminate on the basis of age or impairment by imposing a superannuation fund condition after the commencement of section 53 in relation to another person, irrespective of-- (a) whether the superannuation fund was in existence before the commencement of section 53; and (b) when the other person became, or becomes, a member of the fund; if-- (c) there is no reasonable actuarial, statistical or other data from a source on which it is reasonable for the person to rely; and (d) the condition is reasonable having regard to any other relevant factors. 64 Application of Commonwealth occupational superannuation standard It is not unlawful to discriminate on the basis of age or impairment with respect to a matter that is otherwise prohibited under subdivision 1 if the discrimination happens because of the application of a standard prescribed under the Superannuation Industry (Supervision) Act 1993 (Cwlth). 65 Compliance etc. with Commonwealth legislation It is not unlawful to discriminate on the basis of age or impairment with respect to a matter that is otherwise prohibited under subdivision 1 if the discrimination happens in order-- (a) to comply with a Commonwealth Act (other than the Superannuation Industry (Supervision) Act 1993); or (b) to obtain a benefit or avoid a penalty under such an Act. 66 Explanatory provision (prohibitions) A person must not discriminate in the insurance area if a prohibition in sections 67 to 71 applies. 67 Discrimination in insurance area (goods and services) A person must not discriminate-- (a) by failing to supply insurance; or (b) in the terms on which insurance is supplied; or (c) in the way in which insurance is supplied. 68 Discrimination in insurance area (pre-work) A person must not discriminate against another person, who is seeking work with the person, in the terms of any work that is offered that relate to insurance. 69 Discrimination in insurance area (work) A person must not discriminate against another person who works for the person- - (a) in any variation of the terms of the work that relate to insurance; or (b) in denying or limiting the other person's access to any benefit to a worker that relates to insurance; or (c) by treating the person unfavourably in any way in connection with insurance. 70 Discrimination in insurance area (pre-partnership) A person must not discriminate against another person, who is invited to become a partner of the person in a partnership that consists, or will consist, of 6 or more people, in the terms relating to insurance on which the other person is invited to become a partner. 71 Discrimination in insurance area (partnership) A partner in a partnership that consists of 6 or more people must not discriminate against another partner-- (a) in any variation of the terms of the partnership that relate to insurance; or (b) in denying or limiting the other partner's access to any benefit arising from the partnership that relates to insurance; or (c) by treating the other partner unfavourably in any way in connection with insurance. 72 Explanatory provision (exemptions) It is not unlawful to discriminate in the insurance area if an exemption in sections 73 to 75 or part 5 applies. 73 Commonwealth exemption (sex) It is not unlawful to discriminate on the basis of sex with respect to a matter that is otherwise prohibited under subdivision 1 if the discrimination is permitted under the Sex Discrimination Act 1984 (Cwlth). 74 Actuarial or statistical data (age or impairment) It is not unlawful for a person to discriminate on the basis of age or impairment with respect to a matter that is otherwise prohibited under subdivision 1 if the discrimination-- (a) is based on reasonable actuarial or statistical data from a source on which it is reasonable for the person to rely; and (b) is reasonable having regard to the data and any other relevant factors. 75 No actuarial or statistical data (age or impairment) It is not unlawful for a person to discriminate on the basis of age or impairment with respect to a matter that is otherwise prohibited under subdivision 1 if-- (a) there is no reasonable actuarial or statistical data from a source on which it is reasonable for the person to rely; and (b) the discrimination is reasonable having regard to any other relevant factors. 76 Explanatory provision (prohibition) A person must not discriminate in the disposition of land area if the prohibition in section 77 applies. 77 Discrimination in disposition of land area A person must not discriminate against another person-- (a) by failing to dispose of an interest in land to the other person; or (b) in the terms on which an interest in land is offered to the other person. 78 Explanatory provision (exemptions) It is not unlawful to discriminate in the disposition of land area if an exemption in section 79 or 80 or part 5 applies. 79 Disposition by will or gift It is not unlawful to discriminate with respect to a matter that is otherwise prohibited under subdivision 1 if the discrimination is by way of a testamentary disposition or gift. 80 Sites of cultural or religious significance It is not unlawful to discriminate on the basis of sex, age, race or religion with respect to a matter that is otherwise prohibited under subdivision 1 if-- (a) the relevant interest in land is an interest in land or a building of cultural or religious significance; and (b) the discrimination-- (i) is in accordance with the culture concerned or the doctrine of the religion concerned; and (ii) is necessary to avoid offending the cultural or religious sensitivities of people of the culture or religion. 81 Explanatory provision (prohibitions) A person must not discriminate in the accommodation area if a prohibition in sections 82 to 85 applies. 82 Discrimination in pre-accommodation area A person must not discriminate against another person-- (a) by failing to accept an application for accommodation; or (b) by failing to renew or extend the supply of accommodation; or (c) in the way in which an application is processed; or (d) in the terms on which accommodation is offered, renewed or extended. 83 Discrimination in accommodation area A person must not discriminate against another person-- (a) in any variation of the terms on which accommodation is supplied; or (b) in denying or limiting access to any benefit associated with the accommodation; or (c) in evicting the other person from the accommodation; or (d) by treating the other person unfavourably in any way in connection with the accommodation. 84 Discrimination by refusing to allow reasonable alterations A person must not discriminate by refusing to allow another person with an impairment to alter accommodation to meet the other person's special needs if-- (a) the alteration is at the expense of the other person; and (b) the alteration does not require an alteration to the premises of another occupier; and (c) the action required to restore the accommodation to its previous condition is reasonably practicable; and (d) the other person undertakes to restore the accommodation to its previous condition before leaving it, and it is reasonably likely that the other person will do so. 85 Discrimination by refusing to allow guide, hearing or assistance dog (1) A person must not discriminate by doing any of the following-- (a) refusing to rent accommodation to another person because the other person has an impairment and relies on a guide, hearing or assistance dog; (b) requiring the other person to keep the dog elsewhere; (c) requesting or requiring the other person to pay an extra charge because the dog lives at the accommodation. (2) This section does not affect the liability of the person with the dog for any damage caused by the dog. 86 Explanatory provision (exemptions) It is not unlawful to discriminate in the accommodation area if an exemption in sections 87 to 92 or part 5 applies. 87 Shared accommodation It is not unlawful for a person to discriminate in deciding who is to reside in accommodation that-- (a) forms part of, and is intended to continue to form part of, the main home of the person or a near relative; and (b) is for no more than 3 people other than a person mentioned in paragraph (a) or near relatives of such a person. 88 Accommodation for workers A person who supplies accommodation for the person's workers may provide accommodation of different standards to different workers if-- (a) it is not reasonable to expect the person to supply accommodation of the same standard for all workers; and (b) the standard of the accommodation supplied to each worker is determined having regard to-- (i) the number of people in the worker's household; or (ii) the class of work performed, or the nature of the position held, by the worker. 89 Accommodation for students An educational authority that operates, or proposes to operate, an educational institution wholly or mainly for students of a particular sex or religion, or who have a general or specific impairment, may provide accommodation wholly or mainly for-- (a) students of the particular sex or religion; or (b) students who have a general, or the specific, impairment. 90 Accommodation with religious purposes It is not unlawful to discriminate with respect to a matter that is otherwise prohibited under subdivision 1 if-- (a) the accommodation concerned is under the direction or control of a body established for religious purposes; and (b) the discrimination-- (i) is in accordance with the doctrine of the religion concerned; and (ii) is necessary to avoid offending the religious sensitivities of people of the religion. 91 Accommodation with charitable purposes It is not unlawful to discriminate on the basis of sex, relationship status or age with respect to a matter that is otherwise prohibited under subdivision 1 if-- (a) the accommodation concerned is under the direction or control of a body established for charitable purposes; and (b) the discrimination is in accordance with the particular purposes for which the accommodation was established by the body. 92 Special services or facilities required (1) A person may discriminate on the basis of impairment against another person with respect to a matter that is otherwise prohibited under subdivision 1 if-- (a) the other person would require special services or facilities; and (b) the supply of special services or facilities would impose unjustifiable hardship on the first person. (2) Whether the supply of special services or facilities would impose unjustifiable hardship depends on the circumstances set out in section 5. 93 Explanatory provision (prohibitions) A club must not discriminate in the club membership and affairs area if a prohibition in section 94 or 95 applies. 94 Discrimination by club in prospective membership area A club must not discriminate-- (a) in determining the terms of a particular category or type of membership of the club; or (b) in failing to accept a person's application for membership of the club; or (c) in the way in which a person's application is processed; or (d) in the arrangements made for deciding who should be offered membership; or (e) in the terms on which a person is admitted as a member. 95 Discrimination by club in membership and affairs area A club must not discriminate-- (a) in any variation of the terms of membership of the club; or (b) in failing to accept a member's application for a different category or type of membership; or (c) by denying or limiting access to any benefit, arising from membership, that is supplied by the club; or (d) in depriving a member of membership; or (e) by treating a member unfavourably in any way in connection with the membership or the affairs of the club. 96 Explanatory provision (exemptions) It is not unlawful to discriminate in the club membership and affairs area if an exemption in sections 97 to 100 or part 5 applies. 97 Club established for minority cultures and disadvantaged people A club may exclude applicants for membership of the club who are not members of the group of people with an attribute for whom the club was established if the club operates wholly or mainly-- (a) to preserve a minority culture; or (b) to prevent or reduce disadvantage suffered by people of that group. 98 Reasonable sex discrimination permitted It is not unlawful for a club to discriminate on the basis of sex by limiting access to any benefit, arising from membership, that is provided by the club if-- (a) it is not practicable for males and females to enjoy the benefit at the same time; and (b) either of the following subparagraphs apply-- (i) access to the same or an equivalent benefit is supplied for the use of males and females separately; or (ii) access arrangements offer males and females a reasonably equivalent opportunity to enjoy the benefit. 99 Reasonable risk of injury A club may exclude an applicant for membership who is a minor if there is a reasonable risk of injury to a minor or other people. 100 Special services or facilities required (1) It is not unlawful for a club to discriminate on the basis of impairment in failing to accept a person's application for membership if-- (a) the person would require special services or facilities; and (b) the supply of special services or facilities would impose unjustifiable hardship on the club. (2) Whether the supply of special services or facilities would impose unjustifiable hardship depends on the circumstances set out in section 5. 101 Discrimination in administration of State laws and programs area A person who-- (a) performs any function or exercises any power under State law or for the purposes of a State Government program; or (b) has any other responsibility for the administration of State law or the conduct of a State Government program; must not discriminate in-- (c) the performance of the function; or (d) the exercise of the power; or (e) the carrying out of the responsibility. 102 Discrimination by local government member (1) A member of a local authority must not discriminate against another member in the performance of official functions. (2) Subsection (1) does not apply to discrimination on the basis of political belief or activity. 103 Explanatory provision (exemptions) It is not unlawful to discriminate with respect to a matter that is otherwise prohibited under part 4 if an exemption in sections 104 to 113 applies. 104 Welfare measures A person may do an act to benefit the members of a group of people with an attribute for whose welfare the act was designed if the purpose of the act is not inconsistent with this Act. Example 1-- It is not unlawful for a bus operator to give travel concessions to pensioners or to give priority in seating to people who are pregnant or frail. Example 2-- It is not unlawful to restrict special accommodation to women who have been victims of domestic violence or to frail, older people. Example 3-- It is not unlawful to establish a high security patrolled car park exclusively for women that would reduce the likelihood of physical attacks. 105 Equal opportunity measures (1) A person may do an act to promote equal opportunity for a group of people with an attribute if the purpose of the act is not inconsistent with this Act. (2) Subsection (1) applies only until the purpose of equal opportunity has been achieved. 106 Acts done in compliance with legislation etc. (1) A person may do an act that is necessary to comply with, or is specifically authorised by-- (a) an existing provision of another Act; or (b) an order of a court; or (c) an existing provision of an order or award of a court or tribunal having power to fix minimum wages and other terms of employment; or (d) an existing provision of an industrial agreement; or (e) an order of the Anti-Discrimination Tribunal. (2) In this section-- existing provision means a provision in existence at the commencement of this section. 106A Compulsory retirement age under legislation etc. (1) This Act has no effect on the imposition of a compulsory retirement age on- - (a) a Supreme Court judge; or (b) a District Court judge; or (c) a magistrate; or (d) a member of the Land Court; or (e) the President of the Industrial Court; or (f) an industrial commissioner; or (h) a fire officer within the meaning of the Fire and Rescue Service Act 1990; or (i) the chief executive officer of QR Limited ACN 124649967; or (j) an employee of QR Limited ACN 124649967; or (k) a police officer; or (m) a director of a public company or subsidiary of a public company; or (n) another person prescribed by regulation. (2) Subsection (1) applies if the compulsory retirement age is imposed on or before 30 June 1994 under-- (a) an Act; or (b) an award, certified agreement, enterprise flexibility agreement or industrial agreement within the meaning of the Industrial Relations Act 1999; or (c) a policy, standard or other instrument of a previous unit of the public sector applying to an employee of the unit. (3) If the compulsory retirement age is imposed under something mentioned in subsection (2)(b) or (c), then, by force of this subsection, a person mentioned in subsection (1) is required, and is taken always to have been required, to retire in accordance with the compulsory retirement age imposed. (4) In this section-- previous unit of the public sector means an entity that was a unit of the public sector on 30 June 1994 under the repealed Public Sector Management Commission Act 1990. 107 Public health A person may do an act that is reasonably necessary to protect public health. 108 Workplace health and safety A person may do an act that is reasonably necessary to protect the health and safety of people at a place of work. 109 Religious bodies (1) The Act does not apply in relation to-- (a) the ordination or appointment of priests, ministers of religion or members of a religious order; or (b) the training or education of people seeking ordination or appointment as priests, ministers of religion or members of a religious order; or (c) the selection or appointment of people to perform functions in relation to, or otherwise participate in, any religious observance or practice; or (d) unless section 90 (Accommodation with religious purposes) applies--an act by a body established for religious purposes if the act is-- (i) in accordance with the doctrine of the religion concerned; and (ii) necessary to avoid offending the religious sensitivities of people of the religion. (2) An exemption under subsection (1)(d) does not apply in the work or work- related area or in the education area. 110 Charities A person may include a discriminatory provision in a document that provides exclusively for charitable benefits, and may do an act that is required to give effect to such a provision. 111 Sport (1) A person may restrict participation in a competitive sporting activity-- (a) to either males or females, if the restriction is reasonable having regard to the strength, stamina or physique requirements of the activity; or (b) to people who can effectively compete; or (c) to people of a specified age or age group; or (d) to people with a specific or general impairment. (2) Subsection (1)(a) does not apply to a sporting activity for children who are less than 12 years of age. (3) Subsection (1) does not stop participation in a competitive sporting activity being restricted on the basis of gender identity, if the restriction is reasonable having regard to the strength, stamina or physique requirements of the activity. (4) In this section-- competitive sporting activity does not include-- (a) the coaching of people engaged in a sporting activity; or (b) the umpiring or refereeing of a sporting activity; or (c) the administration of a sporting activity; or (d) a sporting activity prescribed by regulation. 112 Legal incapacity A person may discriminate against another person because the other person is subject to a legal incapacity if the incapacity is relevant to the transaction in which they are involved. Example-- It is not unlawful for a person to refuse to enter into a contract with a minor, or a person who has impaired capacity for the contract within the meaning of the Guardianship and Administration Act 2000, if the contract can not be legally enforced. 113 Tribunal (1) The tribunal, on application by-- (a) a person, on the person's own behalf, or on behalf of the person and another person or other people; or (b) 2 or more people, on their own behalf, or on behalf of themselves and another person or other people; or (c) a person or people included in a class of people on behalf of the people in that class; may grant an exemption to the person, people or class of people from the operation of a specified provision of the Act. (2) Before deciding an application, the tribunal must give the commissioner written notice of the application and have regard to any submission made by the commissioner on the application, including a submission on the process for considering the application. (3) Matters the commissioner may make a submission on in relation to the process for considering an application include, but are not limited to, the following-- (a) whether the application should be considered by way of public hearing; (b) identification of persons who may be affected by a decision to grant the application; (c) whether the public should be consulted; (d) how consultation with identified persons or the public should be conducted. (4) The commissioner must give a copy of a written submission the commissioner makes on an application to the applicant. (5) The tribunal may request that the commissioner-- (a) inquire into an application; and (b) report to the tribunal the results of the inquiry and a recommendation about the application. (6) An exemption-- (a) may be granted subject to such terms as the tribunal provides; and (b) may be granted so that it applies only in such circumstances, or in connection with such activities, as the tribunal determines; and (c) is to be granted for a specified period of not more than 5 years. (7) An exemption under subsection (1) may be renewed for further periods of not more than 5 years, on application by the person or people to whom, or in respect of whom, the exemption was granted. 114 Discrimination by worker or agent If discrimination by a person or body is unlawful under this chapter, discrimination by a worker or agent of such a person or body is also unlawful. 115 Discrimination by member of industrial, professional, trade or business organisation If discrimination by an organisation of workers, employers, or people who carry on an industry, profession, trade or business is unlawful under this chapter, discrimination by a member of such an organisation is also unlawful. 116 Discrimination by club's committee of management etc. If discrimination by a club is unlawful under this chapter, discrimination by-- (a) a committee of management of a club; or (b) a member of such a committee; is also unlawful. 117 Act's freedom from sexual harassment purpose and how it is to be achieved (1) One of the purposes of the Act is to promote equality of opportunity for everyone by protecting them from sexual harassment. (2) This purpose is to be achieved by-- (a) prohibiting sexual harassment; and (b) allowing a complaint to be made under chapter 7 against a person who has sexually harassed; and (c) using the agencies and procedures established under chapter 7 to deal with the complaint. 118 Sexual harassment A person must not sexually harass another person. 119 Meaning of sexual harassment Sexual harassment happens if a person-- (a) subjects another person to an unsolicited act of physical intimacy; or (b) makes an unsolicited demand or request (whether directly or by implication) for sexual favours from the other person; or (c) makes a remark with sexual connotations relating to the other person; or (d) engages in any other unwelcome conduct of a sexual nature in relation to the other person; and the person engaging in the conduct described in paragraphs (a), (b), (c) or (d) does so-- (e) with the intention of offending, humiliating or intimidating the other person; or (f) in circumstances where a reasonable person would have anticipated the possibility that the other person would be offended, humiliated or intimidated by the conduct. Examples of subsection (1)(a)-- physical contact such as patting, pinching or touching in a sexual way unnecessary familiarity such as deliberately brushing against a person Example of subsection (1)(b)-- sexual propositions Examples of subsection (1)(c)-- unwelcome and uncalled for remarks or insinuations about a person's sex or private life suggestive comments about a person's appearance or body Examples of subsection (1)(d)-- offensive telephone calls indecent exposure 120 Meaning of relevant circumstances The circumstances that are relevant in determining whether a reasonable person would have anticipated the possibility that the other person would be offended, humiliated or intimidated by the conduct include-- (a) the sex of the other person; and (b) the age of the other person; and (c) the race of the other person; and (d) any impairment that the other person has; and (e) the relationship between the other person and the person engaging in the conduct; and (f) any other circumstance of the other person. 121 Act's freedom from associated objectionable conduct purpose and how it is to be achieved (1) One of the purposes of the Act is to promote equality of opportunity for everyone by prohibiting certain objectionable conduct that is inconsistent with the other purposes of the Act. (2) This purpose is to be achieved by-- (a) prohibiting certain conduct; and (b) allowing a complaint to be made under chapter 7 against a person who has engaged in that conduct; and (c) using the agencies and procedures established under chapter 7 to deal with the complaint. 122 Request or encouragement of contravention A person must not request or encourage another person to contravene the Act. 123 Liability for contravention If-- (a) a person requests or encourages another person to contravene the Act; and (b) the other person acts, or attempts to act, on the request or encouragement; both are jointly and severally civilly liable for the contravention, and a proceeding under the Act may be taken against either or both. 124 Unnecessary information (1) A person must not ask another person, either orally or in writing, to supply information on which unlawful discrimination might be based. (2) Subsection (1) does not apply to a request that is necessary to comply with, or is specifically authorised by-- (a) an existing provision of another Act; or (b) an order of a court; or (c) an existing provision of an order or award of a court or tribunal having power to fix minimum wages and other terms of employment; or (d) an existing provision of an industrial agreement; or (e) an order of the Anti-Discrimination Tribunal. (3) It is a defence to a proceeding for a contravention of subsection (1) if the respondent proves, on the balance of probabilities, that the information was reasonably required for a purpose that did not involve discrimination. (4) In this section-- existing provision means a provision in existence at the commencement of this section. Example-- An employer would contravene the Act by asking applicants for all jobs whether they have any impairments, but may ask applicants for a job involving heavy lifting whether they have any physical condition that indicates they should not do that work. 124A Vilification on grounds of race, religion, sexuality or gender identity unlawful (1) A person must not, by a public act, incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the race, religion, sexuality or gender identity of the person or members of the group. (2) Subsection (1) does not make unlawful-- (a) the publication of a fair report of a public act mentioned in subsection (1); or (b) the publication of material in circumstances in which the publication would be subject to a defence of absolute privilege in proceedings for defamation; or (c) a public act, done reasonably and in good faith, for academic, artistic, scientific or research purposes or for other purposes in the public interest, including public discussion or debate about, and expositions of, any act or matter. 125 Act's freedom from associated highly objectionable conduct purpose and how it is to be achieved (1) One of the purposes of the Act is to promote equality of opportunity for everyone by prohibiting and penalising certain highly objectionable conduct that is inconsistent with the other purposes of the Act. (2) This purpose is to be achieved by-- (a) prohibiting certain conduct; and (b) allowing a complaint under chapter 7 to be made against a person who has engaged in that conduct; and (c) making that conduct an offence; and (d) using the agencies and procedures established under chapter 7 to deal with the complaint or offence. 127 Discriminatory advertisements (1) A person must not publish or display an advertisement, or authorise its publication or display, if the advertisement indicates that a person intends to act in a way that contravenes the Act. Maximum penalty-- (a) in the case of an individual--35 penalty units; (b) in the case of a corporation--170 penalty units. (1A) To remove any doubt, subsection (1) does not apply to an advertisement so far as it advertises for a worker who is under 21 years of age, whether by specifying a particular age, a particular age group or otherwise. Example-- An employer may advertise for an 18 year old sales assistant or for a 15 to 17 year old sales assistant. (2) It is a defence to a complaint made under the Act for a contravention of subsection (1) if the respondent proves, on the balance of probabilities, that the respondent took reasonable precautions to prevent the publication or display happening. (3) It is an excuse to an offence against subsection (1) if the defendant took reasonable precautions to prevent the publication or display happening. 128 Inducement A person must not knowingly or recklessly make a false or misleading statement to another person in order to induce the publication or display of an unlawful advertisement. Maximum penalty-- (a) in the case of an individual--35 penalty units; (b) in the case of a corporation--170 penalty units. 129 Victimisation A person must not victimise another person. Maximum penalty-- (a) in the case of an individual--45 penalty units or imprisonment for 3 months; (b) in the case of a corporation--170 penalty units. 130 Meaning of victimisation (1) Victimisation happens if a person (the respondent) does an act, or threatens to do an act, to the detriment of another person (the complainant)-- (a) because the complainant, or a person associated with, or related to, the complainant-- (i) refused to do an act that would amount to a contravention of the Act; or (ii) in good faith, alleged, or intends to allege that a person committed an act that would amount to a contravention of the Act; or (iii) is, has been, or intends to be, involved in a proceeding under the Act against any person; or (b) because the respondent believes that the complainant, or a person associated with, or related to, the complainant is doing, has done, or intends to do one of the things mentioned in paragraph (a)(i), (ii) or (iii). (2) In this section, a reference to involvement in a proceeding under the Act includes-- (a) making a complaint under the Act and continuing with the complaint, whether by investigation, conciliation, hearing or otherwise; and (b) involvement in a prosecution for an offence against the Act; and (c) supplying information and producing documents to a person who is performing a function under the Act; and (d) appearing as a witness in a proceeding under the Act. 131 Victimisation continues even if proceedings etc. do not The application or continued application of section 129 (Victimisation) is not affected by-- (a) the failure or otherwise of the complainant or the person associated with, or related to, the complainant, to do 1 of the things mentioned in section 130(1)(a)(i),(ii) or (iii) (Meaning of victimisation); or (b) the withdrawal, failure to pursue, or determination of a proceeding under the Act. 131A Offence of serious racial, religious, sexuality or gender identity vilification (1) A person must not, by a public act, knowingly or recklessly incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the race, religion, sexuality or gender identity of the person or members of the group in a way that includes-- (a) threatening physical harm towards, or towards any property of, the person or group of persons; or (b) inciting others to threaten physical harm towards, or towards any property of, the person or group of persons. Maximum penalty-- (a) for an individual--70 penalty units or 6 months imprisonment; (b) for a corporation--350 penalty units. (2) A Crown Law Officer's written consent must be obtained before a proceeding is started by complaint under the Justices Act 1886 in relation to an offence under subsection (1). (3) An offence under subsection (1) is not an offence for section 155(2) or 226. (4) In this section-- Crown Law Officer means the Attorney-General or Director of Public Prosecutions. 132 Act's vicarious liability purpose and how it is to be achieved (1) One of the purposes of the Act is to promote equality of opportunity for everyone by making a person liable for certain acts of the person's workers or agents. (2) This purpose is to be achieved by making a person civilly liable for a contravention of the Act by the person's workers or agents. 133 Vicarious liability (1) If any of a person's workers or agents contravenes the Act in the course of work or while acting as agent, both the person and the worker or agent, as the case may be, are jointly and severally civilly liable for the contravention, and a proceeding under the Act may be taken against either or both. (2) It is a defence to a proceeding for a contravention of the Act arising under subsection (1) if the respondent proves, on the balance of probabilities, that the respondent took reasonable steps to prevent the worker or agent contravening the Act. 134 Who may complain (1) Any of the following people may complain to the commissioner about an alleged contravention of the Act-- (a) a person who was subjected to the alleged contravention; or (b) an agent of the person; or (c) a person authorised in writing by the commissioner to act on behalf of a person who was subjected to the alleged contravention and who is unable to make or authorise a complaint. (2) Two or more people may make a complaint jointly. (3) A relevant entity may complain to the commissioner about a relevant alleged contravention. (4) However, the commissioner may accept the relevant entity's complaint under section 141 only if the commissioner is satisfied that-- (a) the complaint is made in good faith; and (b) the relevant alleged contravention is about conduct that has affected or is likely to affect relevant persons for the relevant entity; and (c) it is in the interests of justice to accept the complaint. (5) In this section-- relevant alleged contravention means an alleged contravention of section 124A. relevant entity means a body corporate or an unincorporated body, a primary purpose of which is the promotion of the interests or welfare of persons of a particular race, religion, sexuality or gender identity. relevant persons, for a relevant entity, means persons the promotion of whose interests or welfare is a primary purpose of the relevant entity. 135 Complaint may allege more than 1 contravention A person may make a complaint alleging more than 1 contravention of the Act. Example-- C applies to real estate agent R to rent a house and is asked to fill out a form which includes a question about his country of birth. C is not offered a house, and believes this is on the basis of his national origin. C may make a complaint about being required to answer a question about his national origin contrary to section 124 (Unnecessary information), or a complaint about unlawful discrimination under section 82 (Discrimination in pre-accommodation area), or both. 136 Making a complaint A complaint must-- (a) be in writing; and (b) set out reasonably sufficient details to indicate an alleged contravention of the Act; and (c) state the complainant's address for service; and (d) be lodged with, or sent by post to, the commissioner. 137 Unfair agreements not to complain are not binding (1) The commissioner may accept a complaint from a person who had previously agreed with another person not to complain, if the commissioner is of the reasonable opinion that it is fair to accept the complaint. (2) In assessing whether it is fair to accept the complaint, the commissioner is to consider all the relevant circumstances of the case including-- (a) the knowledge of the parties who made the agreement; and (b) what the person who wishes to complain received in return for the agreement. 138 Time limit on making complaints (1) Subject to subsection (2), a person is only entitled to make a complaint within 1 year of the alleged contravention of the Act. (2) The commissioner has a discretion to accept a complaint after 1 year has expired if the complainant shows good cause. 139 Commissioner must reject frivolous, trivial etc. complaints The commissioner must reject a complaint if the commissioner is of the reasonable opinion that the complaint is-- (a) frivolous, trivial or vexatious; or (b) misconceived or lacking in substance. 140 Commissioner may reject or stay complaints dealt with elsewhere (1) The commissioner may reject or stay a complaint if there are concurrent proceedings in a court or tribunal in relation to the act or omission that is the subject of the complaint. (2) A time limit for doing anything under the Act in relation to a complaint does not run while a complaint is stayed. 141 Time limit on acceptance or rejection of complaints (1) The commissioner must decide whether to accept or reject a complaint within 28 days of receiving the complaint. (2) The commissioner must promptly notify the complainant of the decision. 142 Reasons for rejected complaints (1) If a complaint is rejected, it lapses and the complainant is not entitled to make a further complaint relating to the act or omission that was the subject of the complaint. (2) If a complaint is rejected, the complainant may, within 28 days of receiving notice of the rejection, ask the commissioner for written reasons. (3) If requested, the commissioner must promptly give the complainant written reasons for the rejection. 143 Respondent is to be notified of accepted complaint (1) If a complaint is accepted, the commissioner must promptly notify the respondent in writing of the substance of the complaint. (2) The notice to the respondent must also state the following-- (a) the complainant's address for service; (b) that the respondent must advise the commissioner of the respondent's address for service; (c) that the respondent may give a written response to the allegations included in the complaint; (d) that within 28 days after the respondent receives the notice, the respondent must, if giving a written response-- (i) give the written response to the commissioner; and (ii) give a copy of the written response to the complainant and any other respondent; (e) that the respondent must include, with the written response given to the commissioner, advice as to whether it has been given to the complainant and any other respondent; (f) that the respondent may ask the commissioner for an early conciliation conference whether or not the respondent gives a written response; (g) that if the respondent does not, within the 28 days mentioned in paragraph (d), give the commissioner a written response or ask the commission to arrange for an early conciliation conference, a conciliation conference will be held on a date stated in the notice. (2A) The respondent must advise the commissioner in writing of the respondent's address for service. (2B) If the respondent is giving a written response, the respondent must also-- (a) give the written response to the commissioner and give a copy of the written response to the complainant and any other respondent; and (b) advise the commissioner whether the written response, or a copy of the written response, has been given to the complainant and any other respondent. (3) If the respondent does not, within the 28 days mentioned in subsection (2) (d), give the commissioner a written response or ask the commission to arrange for an early conciliation conference, the notice has effect as a direction under section 159(1) to the respondent to take part in a conciliation conference on the date stated in the notice under subsection (2)(g). (4) The giving of the notice to the respondent does not stop the commissioner from exercising, at any time, the commissioner's power under section 159(1) to direct the complainant and the respondent to take part in a conciliation conference-- (a) whether or not the 28 days mentioned in subsection (2)(d) has expired; and (b) whether or not the commissioner has received any communication from the respondent. (5) The stated date for subsection (2)(g) must be not more than 14 days after the 28 days mentioned in subsection (2)(d). 144 Interim orders protecting complainant's interests (before reference to tribunal) (1) At any time before a complaint is referred to the tribunal, the complainant or the commissioner may apply to the tribunal for an order prohibiting a person from doing an act that might prejudice-- (a) the investigation or conciliation of the complaint; or (b) an order that the tribunal might make after a hearing. (2) A party or the commissioner may apply to the tribunal for an order varying or revoking an order made under subsection (1). (3) A party or the commissioner may enforce an order made under this section by filing a copy of it with a court of competent jurisdiction. (4) The order is then enforceable as if it were an order of the court. (5) The tribunal may apply the rules of the Supreme Court (with any necessary changes) in relation to an application made under this section. 145 Anonymity (1) If, any time before a complaint is referred to the tribunal, the commissioner is of the reasonable opinion that the preservation of anonymity of a person who is, or has been, involved in a proceeding under the Act is necessary to protect the work security, privacy or any human right of the person, the commissioner may give a direction prohibiting the disclosure of the person's identity. (2) A person must comply with a direction. Maximum penalty-- (a) in the case of an individual--35 penalty units; (b) in the case of a corporation--170 penalty units. (3) It is an excuse to an offence against subsection (2) if the defendant has a reasonable excuse. (4) In this section, a reference to involvement in a proceeding under the Act includes-- (a) making a complaint under the Act and continuing with the complaint, whether by investigation, conciliation, hearing or otherwise; and (b) being a respondent to such a complaint; and (c) involvement in a prosecution for an offence against the Act; and (d) supplying information and producing documents to a person who is performing a function under the Act; and (e) appearing as a witness in a proceeding under the Act. 146 Representative complaints (1) If a complaint alleges that a number of people were subjected to the alleged contravention by the respondent, the commissioner must determine whether the complaint should be dealt with by the commissioner as a representative complaint. (2) The tribunal may subsequently make its own determination under section 194. 147 Criteria for determining whether prima facie representative complaint (1) The commissioner may deal with a complaint as a representative complaint if the commissioner is satisfied that-- (a) the complainant is a member of a class of people, the members of which have been affected, or are reasonably likely to be affected by, the respondent's conduct; and (b) the complainant has been affected by the respondent's conduct; and (c) the class is so numerous that joinder of all of its members is impracticable; and (d) there are questions of law or fact common to all members of the class; and (e) the material allegations in the complaint are the same as, or similar or related to, the material allegations in relation to the other members of the class; and (f) the respondent has acted on grounds apparently applying to the class as a whole. (2) If the commissioner is satisfied that-- (a) the complaint is made in good faith as a representative complaint; and (b) the justice of the case demands that the matter be dealt with by means of a representative complaint; the commissioner may deal with the complaint as a representative complaint even if the criteria set out in subsection (1) have not been satisfied. 148 Amendment resulting in representative complaint If the commissioner is satisfied that a complaint could be dealt with as a representative complaint if the class of complainants is increased, reduced or was otherwise altered, the commissioner may amend the complaint so that the complaint can be dealt with as a representative complaint. 149 Amendment resulting in non-representative complaint If the commissioner is satisfied that a complaint has been wrongly made as a representative complaint, the commissioner may amend the complaint by removing the names of any of the complainants so that the complaint can be dealt with as a complaint otherwise than as a representative complaint. 150 Directions about conduct of representative complaint The commissioner may give directions concerning the conduct of a representative complaint while it is being dealt with by the commissioner. 151 Representative complainant must choose (1) A complainant in relation to a representative complaint must choose whether to-- (a) proceed before the commissioner as a party to the representative complaint; or (b) make an individual complaint. (2) An election under subsection (1) does not prevent a complainant making a subsequent election under section 199. 152 Non-representative complaint not precluded by representative complaint If a representative complaint is made in respect of certain conduct, a person who is not a complainant in relation to the representative complaint, may make a complaint (other than a representative complaint) in respect of the conduct. 153 Dismissed worker lodges complaint first If, but for this section-- (a) a worker is dismissed in circumstances entitling the worker to-- (i) lodge a complaint with the commissioner under the Act; and (ii) apply for industrial relief; and (b) the worker does not apply for industrial relief before lodging a complaint and being notified under section 141 that the complaint has been accepted; the worker may only proceed with the complaint and may not later apply for industrial relief in respect of the circumstances. 154 Dismissed worker applies for industrial relief first If-- (a) a worker is dismissed in circumstances entitling the worker to-- (i) lodge a complaint with the commissioner under the Act; and (ii) apply for industrial relief; and (b) the worker applies for industrial relief before lodging a complaint; the worker may proceed with both the complaint and the application for industrial relief, but the tribunal may not make an order in respect of the complaint requiring the reinstatement or re-employment of the worker. 154A Investigation of complaint The commissioner may investigate a complaint accepted under section 141. 155 Requirement to initiate investigation (1) The commissioner must initiate an investigation if-- (a) requested to do so by the Minister; or (b) the tribunal becomes aware of circumstances that may constitute a contravention of the Act and refers the matter to the commissioner. (2) The commissioner may initiate an investigation if-- (a) during the course of carrying out the commission's functions, a possible case of a contravention of the Act against a group or class of people is discovered, the matter is of public concern and the Minister agrees; or (b) an allegation is made that an offence against the Act has been committed; or (c) during the course of carrying out the commission's functions, a possible offence against the Act is discovered. (3) In conducting an investigation, the commissioner has the same powers as the commissioner has in dealing with a complaint of a contravention of the Act. (4) If a matter investigated under subsection (1)(a), (1)(b) or (2)(a) can not be resolved by conciliation, the commissioner may refer the matter to the tribunal as if it were a complaint. (5) If the commissioner refers the matter to the tribunal under subsection (4), the commissioner is the complainant. (6) This section does not apply to complaints accepted under section 141. 156 Commissioner may obtain information and documents (1) If the commissioner has reason to believe that a person-- (a) published or displayed an advertisement that contravenes the Act; or (b) is able to provide information or produce documents relevant to an investigation; the commissioner may direct the person in writing-- (c) to give to the commissioner by writing signed by the person, or, in the case of a body corporate, by an officer of the body corporate, the specified information; or (d) to give to the commissioner the specified documents or documents of a specified class; at such place, and within such reasonable period or on such reasonable day and at such time, as are specified in the direction. (2) If documents are given to the commissioner, the commissioner-- (a) may take possession of, and may copy or take extracts from, the documents; and (b) may retain possession of the documents for such reasonable period as is necessary for the investigation to which the documents relate; and (c) during that period must allow a person who, if they were not in the possession of the commissioner, would be entitled to inspect any of the documents, to inspect that document at all reasonable times. (3) The commissioner may enforce the direction by filing a copy of it with a court of competent jurisdiction. (4) The direction is then enforceable as if it were an order of the court. (5) A person is not required to give information or a document if the person objects on the ground of legal professional privilege that the person would be entitled to claim if-- (a) the person were a witness in a prosecution for an offence in the Supreme Court; and (b) the person were required to give the information or document in the prosecution. 157 Commissioner may obtain actuarial, statistical or other data (1) If a person has done an act of discrimination that would, but for section 61, 62, 63, 74 or 75, be unlawful, the commissioner may direct the person to give the commissioner, within 21 days after service of the direction, any source of the actuarial, statistical or other data on which the act of discrimination was based. (2) The commissioner may enforce the direction by filing a copy of it with a court of competent jurisdiction. (3) The direction is then enforceable as if it were an order of the court. 158 Conciliation of complaints If the commissioner believes that a complaint may be resolved by conciliation, the commissioner must try to resolve it in that way. 159 Attendance at conciliation conference (1) The commissioner may direct a person to take part in a conciliation conference. (2) The commissioner may enforce the direction by filing a copy of it with a court of competent jurisdiction. (3) The direction is then enforceable as if it were an order of the court. 160 Party fails to attend conference (1) If a complainant, without reasonable excuse, does not comply with a direction to attend a conciliation conference, the commissioner may dismiss the complaint and direct the complainant to pay costs to the respondent. (2) If a respondent, without reasonable excuse, does not comply with a direction to attend a conciliation conference, the commissioner may direct the respondent to pay costs to the complainant. (3) A party may enforce a direction as to costs by filing a copy of it with a court of competent jurisdiction. (4) The direction is then enforceable as if it were an order of the court. 161 Conference to be held in private A conciliation conference must be held in private. 162 Interpreter may be used A person has a right to use a professional or voluntary interpreter at a conciliation conference. 163 Representative may be used with permission A person may be represented by another person at a conciliation conference, with the commissioner's permission. 164 Resolution by conciliation (1) If the complaint is resolved by conciliation, the commissioner must record the terms of the agreement and have the document signed by the complainant and the respondent. (2) The commissioner must provide a copy of the document to each party and file the document with the tribunal. (3) The agreement is then enforceable as if it were an order of the tribunal. 164A Right of complainant to seek referral to tribunal after conciliation conference (1) This section applies if-- (a) a conciliation conference has been held under division 3 in relation to a complaint; and (b) the complaint has not been resolved by conciliation. (2) The complainant may give the commissioner a written notice requiring the commissioner to refer the complaint to the tribunal. (3) The commissioner must promptly-- (a) refer the complaint to the tribunal; and (b) give the respondent a copy of the complaint. (4) However the commissioner is not required to act under subsection (3) if the commissioner decides to act under section 168 in relation to the complaint. (5) If the complainant acts under subsection (2), sections 165 to 167 stop applying in relation to the complaint. 165 Complaints which are not resolved by conciliation (1) If the commissioner believes that a complaint can not be resolved by conciliation, the commissioner must promptly tell the complainant and the respondent by written notice. (2) The obligation in subsection (1) arises whether or not conciliation has been attempted. (3) If the commissioner gives notice under subsection (1), sections 164A and 167 stop applying in relation to the complaint. 166 Complainant may obtain referral of unconciliated complaint (1) A complainant is entitled to require the commissioner to refer a complaint to the tribunal by making a written request within 28 days of being notified that the complaint can not be resolved by conciliation. (2) The commissioner may extend the time limit if-- (a) the complainant asks the commissioner, in writing, for an extension within the 28 days; and (b) the commissioner considers that there are reasonable grounds for the request; and (c) the commissioner considers that the extension will not cause undue hardship to the respondent. (3) If the complainant asks for the extension, the day the complainant asks for the extension, the day the complainant is given written notice of the commissioner's decision about the extension and any period between those days, is not included in the period mentioned in subsection (1) within which the complaint may be referred to the tribunal. (4) However, if the complainant asks for the extension on the last day of the period mentioned in subsection (1) and the extension is subsequently refused, the complainant may require the commissioner to refer the complaint to the tribunal by making a written request on the day the complainant receives written notice of the refusal or on the next day that is a business day. 167 Complainant or respondent may seek referral after 6 months (1) If the commissioner has not finished dealing with a complaint 6 months after informing the complainant and the respondent that the complaint has been accepted, either the complainant or the respondent may, by written notice, request the commissioner to refer the complaint to the tribunal. (2) The commissioner may defer acting on a request for up to 28 days, if there is a significant prospect that the matter can be resolved by conciliation within that period. (3) If the matter is not resolved at the end of 28 days, the procedures in subsection (4) or (5) apply. (4) If the respondent requests the commissioner to refer the complaint-- (a) the commissioner must ask the complainant whether the complainant agrees to the complaint being referred; and (b) if the complainant agrees in writing--the commissioner must refer the complaint to the tribunal; and (c) if the complainant does not agree in writing within 28 days--the complaint lapses, and the complainant can not make a further complaint relating to the act or omission that was the subject of the complaint; and (d) the commissioner may extend the 28 day period, but only if the complainant asks, in writing, for an extension before the 28 days have passed. (5) If the complainant requests the commissioner in writing, to refer the complaint, the commissioner must comply. (6) If the commissioner refers the complaint to the tribunal, the commissioner must promptly give the respondent a copy of the complaint. 168 Frivolous etc. complaint lapses (1) If, at any time after a complaint is accepted and before it is referred to the tribunal, the commissioner is of the reasonable opinion that the complaint is-- (a) frivolous, trivial or vexatious; or (b) misconceived or lacking in substance; the commissioner must tell the complainant in writing that the complaint will lapse unless the complainant is able to show to the commissioner's satisfaction within 28 days that the complaint is not frivolous, trivial or vexatious or misconceived or lacking in substance. (2) If, at the end of 28 days, the commissioner is of the reasonable opinion that the complaint is-- (a) frivolous, trivial or vexatious; or (b) misconceived or lacking in substance; the commissioner must write to the complainant and respondent as soon as practicable to tell them that the complaint has lapsed. (3) The complaint then lapses. 169 Complaint may lapse if complainant loses interest (1) If the commissioner is of the reasonable opinion that a complainant has lost interest in continuing with a complaint, the commissioner must tell the complainant in writing that the complaint will lapse unless the complainant indicates that the complainant wishes to continue with it. (2) If the complainant does not give the indication within 28 days, the complaint lapses, and the commissioner must write to the complainant and the respondent as soon as practicable to tell them that the complaint has lapsed. (3) Within 28 days of being notified that the complaint has lapsed, the complainant may apply to the tribunal to review the commissioner's decision. (4) If the tribunal is satisfied that the complainant has a genuine interest in continuing with the complaint, the commissioner must resume dealing with the complaint. (5) The complainant can not make a further complaint relating to the act or omission that was the subject of the complaint. 170 Complainant may withdraw complaint (1) The commissioner must not continue to deal with a complaint if the complainant, or the person who authorised the complaint to be made, gives written notice that the person does not want to continue with the complaint. (2) The complaint then lapses. (3) The commissioner must write to the respondent as soon as practicable to tell the respondent that the complaint has lapsed. 171 Commissioner may withdraw authorisation (1) The commissioner may withdraw an authorisation for a person to act on behalf of another person who could not make a complaint if the commissioner believes there is good reason to do so. (2) The commissioner may, in writing, authorise another person to act on behalf of the complainant. (3) If no further authorisation has been requested within 28 days of the withdrawal of the original authorisation-- (a) the complaint lapses; and (b) the commissioner must tell the complainant and the respondent in writing that the complaint has lapsed. 172 Commissioner may extend time limits The commissioner may extend a time limit specified in this part for the doing of anything (whether by a party or the commissioner) if the commissioner is of the reasonable opinion that-- (a) the extension will not cause undue hardship to any party; and (b) there are reasonable grounds for granting the extension. 173 Authentication of documents A document requiring authentication by the commission or commissioner is sufficiently authenticated if signed by the commissioner. 174 Judicial notice of commissioner's signature Judicial notice must be taken of the signature of the commissioner if it appears on a document issued by the commission or commissioner. 175 Time limit on referred complaints (1) The tribunal must accept a complaint that is referred to it by the commissioner, unless the complaint was made to the commissioner more than 1 year after the alleged contravention of the Act. (2) If the complaint was made more than 1 year after the alleged contravention, the tribunal may deal with the complaint if the tribunal considers that, on the balance of fairness between the parties, it would be reasonable to do so. 176 Constitution of tribunal The tribunal is constituted by 1 member of the tribunal for the purpose of conducting a hearing. 177 Tribunal may join a person as a party The tribunal may join a person as a party to a proceeding by giving the person reasonable written notice. 178 Complaints may be amended The tribunal may allow a complainant to amend a complaint. 179 Complaints may be dealt with jointly The tribunal may deal with 2 or more complaints jointly if they arise out of substantially the same events. 180 Tribunal powers prior to a hearing (conference) (1) Before it hears a complaint, the tribunal may order a person to-- (a) confer with a member of the tribunal for any purpose related to a proceeding; or (b) make a written submission; at such place, and within such reasonable period or on such reasonable day and at such time, as is specified in the order. (2) The tribunal may enforce the order by filing a copy of it with a court of competent jurisdiction. (3) The order is then enforceable as if it were an order of the court. 181 Tribunal powers prior to a hearing (information and documents) (1) Before it hears a complaint, the tribunal may order a person in writing to- - (a) give a specified document, or documents of a specified class, to the tribunal; or (b) give to the tribunal in writing signed by the person, or, in the case of a body corporate, by an officer of the body corporate, the specified information; at such place, and within such reasonable period or on such reasonable day and at such time, as is specified in the order. (2) If documents are given to the tribunal, the tribunal-- (a) may take possession of, and may copy or take extracts from, the documents; and (b) may retain possession of the documents for such period as is reasonably necessary; and (c) during the period, must allow a person who, if the documents were not in the possession of the tribunal, would be entitled to inspect any of them, to inspect that document at all reasonable times. (3) The tribunal may enforce the order by filing a copy of it with a court of competent jurisdiction. (4) The order is then enforceable as if it were an order of the court. (5) A person is not required to give information or a document if the person objects on the ground of legal professional privilege that the person would be entitled to claim if-- (a) the person were a witness in a prosecution for an offence in the Supreme Court; and (b) the person were required to give the information or document in the prosecution. 182 Attendance at conference (1) If a complainant, without reasonable excuse, does not comply with an order to attend a conference, the tribunal may dismiss the complaint and order the complainant to pay costs to the respondent. (2) If a respondent, without reasonable excuse, does not comply with an order to attend a conference, the tribunal may order the respondent to pay costs to the complainant. (3) A party may enforce an order as to costs by filing a copy of it with a court of competent jurisdiction. (4) The order is then enforceable as if it were an order of the court. 183 Conference to be held in private A conference must be held in private unless the tribunal directs otherwise. 184 Interpreter may be used A person has a right to use a professional or voluntary interpreter in a tribunal proceeding. 185 Solicitor or counsel assisting the tribunal The tribunal may make arrangements for a solicitor or counsel to appear at a proceeding to assist the tribunal. 186 Officer assisting the tribunal (1) The tribunal may make arrangements for an officer of the commission to appear at a proceeding to assist the tribunal. (2) An officer assisting the tribunal is subject to the tribunal's direction and control. 187 Representative may be used in certain cases A complainant or a respondent may be represented before the tribunal by a solicitor, or counsel or an agent-- (a) if the tribunal has made arrangements under section 185 for a solicitor or counsel to appear to assist it; or (b) in any other case--with the leave of the tribunal. 188 Tribunal to refer complaint for conciliation If the tribunal considers, either before or during a hearing, that a complaint could be resolved by conciliation, the tribunal may-- (a) attempt to conciliate the complaint; or (b) refer the complaint to the commissioner or the registrar for an attempt at conciliation. 189 Resolution before tribunal order (1) If the complainant and the respondent resolve the complaint before it has been determined by the tribunal, they must record the terms of the agreement in a document signed by the complainant and the respondent and file the document with the tribunal. (2) The tribunal must provide a copy of the document to each party. (3) The agreement is then enforceable as if it were an order of the tribunal. 190 Interim orders protecting complainant's interests (tribunal) (1) When a complaint has been referred to the tribunal, the complainant may apply to the tribunal for an order prohibiting a person from doing an act that might prejudice an order that the tribunal might make after a hearing. (2) A party may apply to the tribunal for an order varying or revoking an order made under subsection (1). (3) A party may enforce an order made under this section by filing a copy of it with a court of competent jurisdiction. (4) The order is then enforceable as if it were an order of the court. (5) The tribunal may apply the rules of the Supreme Court (with any necessary changes) in relation to an application made under this section. 191 Anonymity (1) If the tribunal is of the reasonable opinion that the preservation of anonymity of a person who has been involved in a proceeding under the Act is necessary to protect the work security, privacy or any human right of the person, the tribunal may make an order prohibiting the disclosure of the person's identity. (2) A person must comply with an order. Maximum penalty-- (a) in the case of an individual--35 penalty units; (b) in the case of a corporation--170 penalty units. (3) In this section, a reference to involvement in a proceeding under the Act includes-- (a) making a complaint under the Act and continuing with the complaint, whether by investigation, conciliation, hearing or otherwise; and (b) being a respondent to such a complaint; and (c) involvement in a prosecution for an offence against the Act; and (d) giving information or documents to a person who is performing a function under the Act; and (e) appearing as a witness in a proceeding under the Act. 192 Publication of evidence may be restricted (1) The tribunal may order that any oral or documentary evidence must not be published, except as directed by the tribunal. (2) A person must not contravene an order. Maximum penalty-- (a) in the case of an individual--35 penalty units; (b) in the case of a corporation--170 penalty units. (3) It is an excuse to an offence against subsection (2) if the defendant has a reasonable excuse. 193 Complainant may withdraw complaint (1) The tribunal is not to continue to deal with a complaint if the complainant, or the person who authorised the complaint to be made, gives written notice that the person does not want to continue with the complaint. (2) The complaint then lapses. (3) The tribunal is to write to the respondent as soon as practicable to tell the respondent that the complaint has lapsed. 194 Representative complaints If a complaint alleges that the respondent contravened the Act against a number of people, the tribunal must determine, as a preliminary matter, whether the complaint should be dealt with by it as a representative complaint. 195 Criteria for determining whether representative complaint (1) The tribunal may deal with a complaint as a representative complaint if the tribunal is satisfied that-- (a) the complainant is a member of a class of people, the members of which have been affected, or are reasonably likely to be affected by, the respondent's conduct; and (b) the complainant has been affected by the respondent's conduct; and (c) the class is so numerous that joinder of all of its members is impracticable; and (d) there are questions of law or fact common to all members of the class; and (e) the material allegations in the complaint are the same as, or similar or related to, the material allegations in relation to the other members of the class; and (f) the respondent has acted on grounds apparently applying to the class as a whole. (2) If the tribunal is satisfied that-- (a) the complaint is made in good faith as a representative complaint; and (b) the justice of the case demands that the matter be dealt with by means of a representative complaint; the tribunal may deal with the complaint as a representative complaint even if the criteria set out in subsection (1) have not been satisfied. 196 Amendment resulting in representative complaint If the tribunal is satisfied that a complaint could be dealt with as a representative complaint if the class of complainants was increased, reduced or otherwise altered, the tribunal may amend the complaint so that the complaint can be dealt with as a representative complaint. 197 Amendment resulting in non-representative complaint If the tribunal is satisfied that a complaint has been wrongly made as a representative complaint, the tribunal may amend the complaint by removing the names of any of the complainants so that the complaint can be dealt with as a complaint otherwise than as a representative complaint. 198 Directions about conduct of representative complaint The tribunal may give directions concerning the conduct of a representative complaint. 199 Representative complainant must choose A complainant in relation to a representative complaint must choose whether to- - (a) proceed before the tribunal as a party to the representative complaint; or (b) make an individual complaint. 200 Non-representative complaint not precluded by representative complaint If a representative complaint is made in respect of certain conduct, a person who is not a complainant in relation to the representative complaint, may make a complaint (other than a representative complaint) in respect of the conduct. 201 Tribunal's powers relating to attendance at hearing and evidence (1) The tribunal may order any person in writing-- (a) to attend a hearing until excused; or (b) to give evidence, on oath or affirmation; or (c) to give to the tribunal a document, or class of documents, specified in the order. (2) If documents are given to the tribunal, the tribunal-- (a) may take possession of, and may copy or take extracts from, the documents; and (b) may retain possession of the documents for such period as is reasonably necessary; and (c) during that period, must allow a person who, if the documents were not in the possession of the tribunal, would be entitled to inspect any of them, to inspect that document at all reasonable times. (3) The tribunal may enforce the order by filing a copy of it with a court of competent jurisdiction. (4) The order is then enforceable as if it were an order of the court. (5) A person is not required to give evidence or a document if the person objects on the ground of legal professional privilege that the person would be entitled to claim if-- (a) the person were a witness in a prosecution for an offence in the Supreme Court; and (b) the person were required to give the evidence or document in the prosecution. (6) The reference to any person in subsection (1) includes a reference to any person the tribunal considers should attend the hearing, whether or not a party to the hearing requires the person as a witness. 202 Party fails to attend hearing (1) If a complainant, without reasonable excuse, does not attend a hearing, the tribunal may dismiss the complaint and order the complainant to pay costs to the respondent. (2) If a respondent, without reasonable excuse, does not attend a hearing, the tribunal may do 1 or both of the following-- (a) proceed with the hearing in the respondent's absence; (b) make such order as it considers appropriate, including an order that the respondent pay costs to the complainant. (3) A party may enforce an order made under this section by filing a copy of it with a court of competent jurisdiction. (4) The order is then enforceable as if it were an order of the court. 203 Hearings to be public Hearings are to be held in public unless the tribunal directs that all or part of a hearing be conducted in private-- (a) either of the tribunal's own motion; or (b) at the request of either the complainant or the respondent, if the tribunal is satisfied that it is appropriate to do so. 204 Burden of proof--general principle It is for the complainant to prove, on the balance of probabilities, that the respondent contravened the Act, subject to the requirements in sections 205 and 206. 205 Burden of proof--indirect discrimination In a case involving an allegation of indirect discrimination, the respondent must prove, on the balance of probabilities, that a term complained of is reasonable. 206 Burden of proof--exemptions If the respondent wishes to rely on an exemption, the respondent must raise the issue and prove, on the balance of probabilities, that it applies. 207 Commissioner may provide investigation reports (1) The commissioner may give the tribunal a report relating to the investigation of a complaint which the tribunal is hearing. (2) The report must not contain a record of oral statements made by any person in the course of conciliation. (3) The commissioner must give a copy of the report provided to the tribunal, to the complainant and the respondent. 208 Evaluation of evidence (1) The tribunal is not bound by the rules of evidence and-- (a) must have regard to the reasons for the enactment of this Act as stated in the preamble; and (b) may inform itself on any matter as it considers appropriate; and (c) must act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms; and (d) must conduct itself in a way that will enable costs or delay to be reduced and will help to achieve a prompt hearing of the matters at issue between the parties; and (e) may give directions relating to procedure that, in its opinion, will enable costs or delay to be reduced and will help to achieve a prompt hearing of the matters at issue between the parties; and (f) may draw conclusions of fact from any proceeding before a court or tribunal; and (g) may adopt any findings or decisions of a court or tribunal that may be relevant to the hearing; and (h) may receive in evidence a report of the commissioner, but only if the commissioner has provided a copy to each party to the hearing; and (i) may permit any person with an interest in the proceeding to give evidence; and (j) may hold a hearing in the absence of a party who was given reasonable notice to attend, but failed to do so without providing a good reason; and (k) may permit the commissioner to give evidence on any issue arising in the course of a proceeding that relates to the administration of the Act. (2) Nothing said or done in the course of conciliation can be admitted as evidence in a hearing before the tribunal. 209 Orders the tribunal may make if complaint is proven (1) If the tribunal decides that the respondent contravened the Act, the tribunal may make 1 or more of the following orders-- (a) an order requiring the respondent not to commit a further contravention of the Act against the complainant or another person specified in the order; (b) an order requiring the respondent to pay to the complainant or another person, within a specified period, an amount the tribunal considers appropriate as compensation for loss or damage caused by the contravention; (c) an order requiring the respondent to do specified things to redress loss or damage suffered by the complainant and another person because of the contravention; (d) an order requiring the respondent to make a private apology or retraction; (e) an order requiring the respondent to make a public apology or retraction by publishing the apology or retraction in the way, and in the form, stated in the order; (f) an order requiring the respondent to implement programs to eliminate unlawful discrimination; (g) an order requiring a party to pay interest on an amount of compensation; (h) an order declaring void all or part of an agreement made in connection with a contravention of this Act, either from the time the agreement was made or subsequently. (2) A respondent must comply with an order of the tribunal under subsection (1) (a), (b), (c), (d), (e), (f) or (g). Maximum penalty-- (a) in the case of an individual--35 penalty units; (b) in the case of a corporation--170 penalty units. (3) An order may be made under subsection (1)(b) in favour of a person on whose behalf a representative complaint was made, without the necessity for the person to make an individual complaint, if on the evidence before it the tribunal is able to assess the loss or damage of the person. (4) If, in respect of a representative complaint-- (a) the tribunal decides that the respondent contravened the Act; but (b) the tribunal is unable, on the evidence before it at the hearing of the representative complaint, to assess the loss or damage of a person on whose behalf the complaint was made; the person may subsequently make a request for the tribunal to assess the person's loss or damage. (5) In this section, the specified things a respondent may be required to do, include, but are not limited to-- (a) employing, reinstating or re-employing a person; or (b) promoting a person; or (c) moving a person to a specified position within a specified time. (6) In this section-- damage, in relation to a person, includes the offence, embarrassment, humiliation, and intimidation suffered by the person. 210 Tribunal may dismiss complaint After a hearing, the tribunal may make an order dismissing a complaint. 211 Written reasons for orders (1) The complainant or the respondent may ask the tribunal for written reasons for an order. (2) If requested, the tribunal must provide the written reasons within 28 days of receiving a request. 212 Enforcement of orders (1) A person may enforce an order of the tribunal (other than an order entitling the person to payment) by filing with a court of competent jurisdiction a copy of the order certified as a true copy by the registrar. (2) A person who is entitled to payment under an order may enforce the order by filing with a court of competent jurisdiction-- (a) a copy of the order, certified as a true copy by the registrar; and (b) an affidavit stating the amount remaining unpaid. (3) An order is then enforceable as if it were an order of the court. 213 Costs (1) The tribunal may order a party to pay such costs as the tribunal considers reasonable. (2) However, costs must be assessed using the scale of costs for the District Court under the Uniform Civil Procedure Rules 1999 unless the tribunal is satisfied that, because of the complexity of the matter, or because of another reason, costs should be assessed using a higher scale. (3) In deciding whether to order a party to pay costs, the tribunal may have regard to-- (a) the reasons for the enactment of this Act as stated in the preamble, and whether these reasons would be compromised or defeated in ordering the party to pay costs; and (b) the fairness of a costs order, having regard to the following-- (i) whether a party has conducted the proceeding in a way that unnecessarily disadvantaged another party to the proceeding, including, for example, by-- (A) failing to comply with an order or direction of the tribunal without reasonable excuse; or (B) failing to comply with this Act; or (C) asking for an adjournment as a result of subsubparagraph (A) or (B); or (D) causing an adjournment; or (E) attempting to deceive another party or the tribunal; or (F) vexatiously conducting the proceeding; (ii) whether a party has been responsible for prolonging unreasonably the time taken to complete the proceeding; (iii) the relative strengths of the claims made by each of the parties; (iv) whether a party reasonably believed there had been a contravention of this Act; (v) the nature and complexity of the proceeding; (vi) any other matter the tribunal considers relevant. (4) Subsection (3) does not limit subsection (1). Example of operation of this section-- The tribunal may consider it not to be appropriate to order costs if the subject matter involves issues of particular complexity or if the decision may establish important precedents in the interpretation or application of this Act. 213A Presumption of order for costs if offer to settle is rejected (1) This section applies if-- (a) a party to a proceeding before the tribunal gives another party an offer in writing to settle the proceeding; and (b) the other party does not accept the offer while the offer is open; and (c) the offer complies with any requirements of this division for an offer to settle; and (d) in the tribunal's opinion, the orders made by the tribunal in the proceeding are not more favourable to the other party than the offer. (2) If the tribunal considers it reasonable to do so, it may make an order in favour of the party who made the offer requiring the other party to pay all costs incurred by the offering party after the offer was made. (3) In making an order under subsection (2), the tribunal may have regard to the matters mentioned in section 213(3). (4) In deciding whether its orders are or are not more favourable to a party than an offer, the tribunal-- (a) must take into account any costs it would have ordered on the date the offer was made; and (b) must disregard any interest or costs it orders for any period after the date the offer was received. 213B Offer to settle (1) An offer to settle is taken to have been made without prejudice. (2) The tribunal is not able to be told of the making of the offer to settle until after it has made its orders under section 209 or 210. (3) A party may give more than 1 offer to settle. (4) If an offer to settle provides for the payment of money, the offer must state when the money is to be paid. 213C Acceptance of offer to settle (1) An offer to settle must be open for acceptance until immediately before the tribunal makes any order under section 209 or 210, or until the expiry of a stated period after the offer is made, whichever happens first. (2) The stated period must be at least 14 days. (3) Without the permission of the tribunal, an offer to settle can not be withdrawn, whether or not to make a new offer, while it is open for acceptance. (4) For the decision of whether to give permission under subsection (3)-- (a) the tribunal must be constituted by a member of the tribunal who is not the member constituting the tribunal for the proceeding generally; and (b) the tribunal may examine the offer to settle. (5) A party can only accept an offer to settle by giving the party who made it a signed notice of acceptance. (6) A party may accept an offer to settle even though it has made a counteroffer. 213D Consequences if accepted offer is not complied with If an offer to settle is accepted, but the party who made the offer does not comply with its terms, the tribunal, on the application of the party who accepted the offer, may-- (a) make an order giving effect to the terms of the offer; or (b) if the party who accepted the offer is the complainant--make orders it could have made under section 209 if the proceeding had been finished; or (c) if the party making the offer was the complainant--dismiss the complaint. 214 Authentication of documents A document requiring authentication by the tribunal is sufficiently authenticated if signed by a member of the tribunal or the registrar. 215 Judicial notice of certain signatures Judicial notice must be taken of the signature of a member of the tribunal or the registrar if it appears on a document issued by the tribunal. 215A Tribunal may dismiss frivolous and other complaints (1) If, at any stage of a proceeding, the tribunal is satisfied that a complaint is frivolous, trivial, vexatious, misconceived or lacking in substance, or that for any other reason the complaint should not be further considered, it may dismiss the complaint. (2) The tribunal may act under subsection (1) on its own initiative or on the application of a party to the proceeding. 216 Supreme Court opinion (1) The tribunal may, at any stage of a proceeding, and on the terms it considers appropriate, state a written case for the opinion of the Supreme Court on a question of law relevant to the proceeding. (2) The court may-- (a) hear and decide the matter raised by the case stated; and (b) remit the case, with its opinion, to the tribunal. (3) The tribunal must give effect to the court's opinion. 217 Appeals against tribunal decisions (1) A party to a proceeding before the tribunal may appeal to the Supreme Court against a tribunal decision on a question of law. (2) An appeal may only be made-- (a) within 28 days after the day on which the decision was made; or (b) if the tribunal did not give written reasons at the time the decision was made, and the party making the appeal subsequently asked it to do so--within 28 days after the day on which the party received the reasons in writing. (3) A request to the tribunal to give written reasons may only be made within 28 days after the day on which the decision was made. 218 Powers of Supreme Court The Supreme Court on the hearing of an appeal may-- (a) affirm, vary or quash the order or decision appealed against; or (b) substitute, or make, in addition, any order or decision that should have been made in the first instance; or (c) remit the matter to the tribunal for further hearing or consideration or for rehearing; or (d) make any order as to costs or any other matter that the court considers appropriate. 219 Creation of offences A number of offences are created under the Act to assist in the enforcement of the Act's purposes. 220 Improper communication of official information (1) A person-- (a) who is or has been-- (i) the commissioner; or (ii) a member of the tribunal; or (iii) the registrar; or (iv) a member of the staff of the commission or the tribunal; or (v) a person acting under the direction or authority of the commissioner or a member of the tribunal; or (vi) a person acting under a delegation under section 244; and (b) who, in that capacity, acquired information about a person's affairs or has custody of, or access to, a document about a person's affairs; must not-- (c) make a record of the information; or (d) communicate the information or produce the document to another person. Maximum penalty-- (a) in the case of an individual--85 penalty units or imprisonment for 12 months; (b) in the case of a corporation--170 penalty units. (2) Subsection (1) does not apply to making a record of information, communicating information or producing a document if-- (a) that is required for the performance of a function in connection with this Act; or (b) that is required or permitted by another Act (whether of the Commonwealth or a State). (3) Subsection (1) does not apply to communicating information or producing a document to a person in accordance with an arrangement under part 3 of chapter 9 (Commonwealth/State arrangement). (4) In this section-- produce includes permit access to. 221 False or misleading information A person must not knowingly or recklessly provide false or misleading information to a person performing a function under the Act. Maximum penalty-- (a) in the case of an individual--45 penalty units or imprisonment for 3 months; (b) in the case of a corporation--170 penalty units. 222 Obstruction A person must not consciously hinder or use insulting language towards a person who is performing a function under the Act. Maximum penalty-- (a) in the case of an individual--35 penalty units; (b) in the case of a corporation--170 penalty units. 223 Contempt of commission (1) In addition to the acts or omissions for which a penalty or civil consequence is expressly provided in part 1, a person must not do another act in relation to the commission that would constitute a contempt of court. (2) For the purposes of the law relating to contempt of court, the commission is to be treated as a court. 224 Contempt of tribunal (1) In addition to the acts or omissions for which a penalty or civil consequence is expressly provided in part 2, a person must not do another act in relation to the tribunal that would constitute a contempt of court. (2) For the purposes of the law relating to contempt of court, the tribunal is to be treated as a court. Example-- creating or taking part in a disturbance in or near a place where the tribunal is sitting 226 Proceedings for offences (1) A prosecution for an offence against the Act is to be by way of summary proceeding under the Justices Act 1886 on complaint of-- (a) the commissioner; or (b) a person authorised by the commissioner for that purpose. (2) A proceeding for an offence against the Act is to be taken-- (a) within 1 year after the offence is committed; or (b) within 6 months after the offence comes to the commissioner's knowledge; whichever period ends last, but a proceeding is not to be taken more than 2 years after the offence is committed. (3) In addition to the places where a complaint for an offence against the Act may be heard under section 139 of the Justices Act 1886, the complaint may also be heard at a place within the Magistrates Courts' district in which the defendant resides. (4) The authority of a person referred to in subsection (1)(b) to make a complaint is to be presumed until the contrary is proved. 226A Continuing prohibition on identity disclosure (1) This section applies if-- (a) under section 191(1), the tribunal makes an order prohibiting the disclosure of the identity of a person (the relevant person); and (b) a court is hearing-- (i) a prosecution for an offence under section 191(2) relating to the order; or (ii) an appeal relating to a prosecution for an offence under section 191(2) relating to the order; and (c) the court considers that the preservation of the anonymity of the relevant person is necessary to protect the work security, privacy or any human right of the relevant person. (2) The court may make an order prohibiting the disclosure of the relevant person's identity. (3) A contravention of an order made under subsection (2) is a contempt of the court. 226B Continuing restriction on publication of evidence (1) This section applies if-- (a) under section 192(1), the tribunal makes an order that oral or documentary evidence (the relevant evidence) must not be published, except as directed by the tribunal; and (b) a court is hearing-- (i) a prosecution for an offence under section 192(2) relating to the order; or (ii) an appeal relating to a prosecution for an offence under section 192(2) relating to the order; and (c) the court considers that, in the circumstances, a court order that the relevant evidence must not be published, except as directed by the court, should be made. (2) The court may make an order that the relevant evidence must not be published, except as directed by the court. (3) A contravention of an order made under subsection (2) is a contempt of the court. 227 Unincorporated association represented by committee member (1) If a proceeding under this Act involves an unincorporated association-- (a) the president; or (b) the secretary; or (c) another member of the committee of management; is to be the nominal party. (2) If the nominal party ceases to hold office, the person's successor (whether or not acting) is to be substituted as the nominal party. 228 Commissioner may seek tribunal opinion If a person asks the commissioner for advice about how the Act applies in a specific situation, the commissioner may ask the tribunal for its opinion. 229 Tribunal has discretion The tribunal has a discretion whether or not to provide an opinion. 230 Tribunal may request further information If the tribunal decides to provide an opinion, it may require the person who requested the advice to provide information relevant to the matter. 231 No complaint if compliance with opinion A person may not make a complaint under the Act against a person acting in accordance with an opinion provided by the tribunal in response to a request for advice from the person. 232 Revocation of opinion The tribunal may revoke an opinion if-- (a) it formed the opinion on the basis of false or misleading information; or (b) the Supreme Court or the High Court makes a contrary ruling on a question of law covered by the opinion. 233 Appeal from opinion The commissioner, or a person with a relevant interest, may appeal, against a tribunal opinion, to the Supreme Court on a question of law. 234 The Anti-Discrimination Commission and Commissioner (1) An Anti-Discrimination Commission is established. (2) There is to be an Anti-Discrimination Commissioner. (3) The commission consists of the commissioner and the staff of the commission. 235 Commission's functions The commission has the following functions-- (a) to inquire into complaints and, where possible, to effect conciliation; (b) to carry out investigations relating to contraventions of the Act; (c) to examine Acts and, when requested by the Minister, proposed Acts, to determine whether they are, or would be, inconsistent with the purposes of the Act, and to report to the Minister the results of the examination; (d) to undertake research and educational programs to promote the purposes of the Act, and to coordinate programs undertaken by other people or authorities on behalf of the State; (e) to consult with various organisations to ascertain means of improving services and conditions affecting groups that are subjected to contraventions of the Act; (f) when requested by the Minister, to research and develop additional grounds of discrimination and to make recommendations for the inclusion of such grounds in the Act; (g) such functions as are conferred on the commission under another Act; (h) such functions as are conferred on the commission under an arrangement with the Commonwealth under part 3; (i) to promote an understanding and acceptance, and the public discussion, of human rights in Queensland; (j) if the commission considers it appropriate to do so--to intervene in a proceeding that involves human rights issues with the leave of the court hearing the proceeding and subject to any conditions imposed by the court; (k) such other functions as the Minister determines; (l) to take any action incidental or conducive to the discharge of the above functions. 236 Commissioner's powers (1) The commissioner has the powers given by the Act. (2) The commissioner also has power to do all things that are necessary or convenient to be done for or in connection with the performance of the commission's functions. (3) If the commissioner, in exercising its powers, asks a person to give the commissioner a document or other material, the commissioner may include with the request a requirement that the giving of the document or other material be done within the time stated in the requirement. 237 Financial administration For the purposes of the Financial Accountability Act 2009, the commission is a statutory body within the meaning of that Act. 237A Commission is statutory body (1) The commission is a statutory body for the Statutory Bodies Financial Arrangements Act 1982. (2) The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which the commission's powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982. 238 Appointment of commissioner (1) The commissioner is to be appointed by the Governor in Council. (2) Subject to sections 242 and 243, the commissioner holds office for such term (not longer than 7 years) as is specified in the instrument of appointment. (3) The commissioner is to be appointed under this Act, and not under the Public Service Act 1996. 239 Terms of appointment (1) The commissioner is to be paid such remuneration and allowances as are determined by the Governor in Council. (2) The commissioner holds office on such terms, not provided for by the Act, as are determined by the Governor in Council. 240 Preservation of rights If a public service officer is appointed as the commissioner, the person retains-- (a) any long service leave and other leave entitlements accrued or accruing; and (b) any other rights and entitlements accrued or accruing under that Act and any other Act; as if the person's service as commissioner were a continuation of the person's service as a public service officer. 241 Leave of absence The Minister may grant leave of absence to the commissioner on such terms as the Minister considers appropriate. 242 Resignation The commissioner may resign by signed notice delivered to the Governor. 243 Termination of appointment (1) The Governor in Council may terminate the appointment of the commissioner if the commissioner-- (a) becomes physically or mentally incapable of satisfactorily performing the duties of office; or (b) is guilty of misconduct of a kind that could warrant dismissal from the public service if the Anti-Discrimination Commissioner were an officer of the public service; or (c) is absent, without the Minister's leave and without reasonable excuse, for 14 consecutive days or 28 days in any 12 months. (2) The Governor in Council must terminate the appointment of the commissioner if the commissioner-- (a) is convicted of an indictable offence (whether in Queensland or elsewhere); or (b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or (c) engages in paid employment outside the duties of office without the Minister's approval. 244 Delegation of power by commissioner The commissioner may delegate to a person powers under-- (a) this or any other Act; or (b) an arrangement made by the Minister with a Commonwealth Minister. 245 Acting commissioner The Governor in Council may appoint a person to act as commissioner-- (a) during a vacancy in the office; or (b) during any period, or during all periods, when the commissioner is absent from duty or from the State or is, for any other reason, unable to perform the duties of the office. 246 Commission staff The staff of the commission are to be employed under the Public Service Act 1996. 246A Definition for pt 2 In this part-- member means a member of the tribunal. 247 The Anti-Discrimination Tribunal and members (1) An Anti-Discrimination Tribunal is established. (2) There are to be such number of members as are appointed under the Act. 248 Tribunal's functions The tribunal has the following functions-- (a) to hear and determine complaints that the Act has been contravened; (b) to grant exemptions from the Act; (c) to provide opinions about the application of the Act; (d) any other functions conferred on the tribunal under the Act; (e) any other functions conferred on the tribunal under another Act; (f) to take any action incidental or conducive to the discharge of the above functions. 249 Tribunal's powers (1) The tribunal has the powers given by the Act. (2) The tribunal also has power to do all things that are necessary or convenient to be done for or in connection with the performance of the tribunal's functions. (3) The tribunal may make rules for the effective and efficient performance of its functions including, for example, a rule specifying a matter as a non- contentious matter. (4) A rule is subordinate legislation. 250 Appointment of president and other members (1) The members are to be appointed by the Governor in Council. (1A) One member is to be appointed president of the tribunal by the Governor in Council. (1B) The president may resign office as president without resigning office as a member. (2) A person is not eligible for appointment as a member unless the person is a barrister, solicitor, barrister and solicitor or legal practitioner of not less than 5 years standing, of the High Court or the Supreme Court of the State or another State. (3) Subject to sections 254 and 255, a member holds office for such term (not longer than 7 years) as is specified in the instrument of appointment. (4) Members are to be appointed on a part-time basis. 251 Arrangement of business The president may give directions as to-- (a) the arrangement of the business of the tribunal; and (b) the member who is to constitute the tribunal for the purpose of conducting a particular hearing. 252 Terms of appointment (1) A member is to be paid such remuneration and allowances as are determined by the Governor in Council. (2) A member holds office on such terms, not provided for by this Act, as are determined by the Governor in Council. 253 Leave of absence The Minister may grant leave of absence to a member on such terms as the Minister considers appropriate. 254 Resignation A member may resign by signed notice delivered to the Governor. 255 Termination of appointment (1) The Governor in Council may terminate the appointment of a member if the member-- (a) becomes physically or mentally incapable of satisfactorily performing the duties of office; or (b) is guilty of misconduct of a kind that could warrant dismissal from the public service if the member were an officer of the public service. (2) The Governor in Council must terminate the appointment of a member if the member-- (a) is convicted of an indictable offence (whether in Queensland or elsewhere); or (b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit. 256 Acting member The Governor in Council may appoint a person to act as a member-- (a) during a vacancy in the office; or (b) during any period or during all periods, when 1 of the members is absent from duty or from the State or is, for any other reason, unable to perform the duties of the office. 257 Registrar and tribunal staff (1) A registrar of the Anti-Discrimination Tribunal, and such other staff as may be necessary to enable the tribunal to exercise its functions, may be employed under the Public Service Act 1996. (1A) A person is not eligible for appointment as, or to perform the functions or exercise the powers of, registrar unless the person satisfies the eligibility requirement mentioned in section 250(2). (2) The office of registrar may be held in conjunction with any other office in the public service. 257A Powers of registrar to perform tribunal's functions and exercise tribunal's powers in non-contentious matter (1) The registrar may perform the functions and exercise the powers of the tribunal in relation to a non-contentious matter. (2) In exercising powers in relation to a non-contentious matter-- (a) subject to subsection (3), the registrar is not under the control or direction of the Minister or any other entity; and (b) the registrar is taken to be, and anything done by the registrar is taken to be done by, the tribunal; and (c) the registrar may exercise the other powers in relation to a direction given or a decision made by the registrar that are incidental to the direction or decision. Example-- The registrar may correct a clerical error or accidental slip or omission in a direction given by the registrar. (3) The president may direct the registrar to refer a particular non- contentious matter to the tribunal. (4) The registrar may refer a particular non-contentious matter to the tribunal if the registrar considers it would be more appropriate for the tribunal to deal with the matter. 258 Performance of functions The Minister may make an arrangement with a Commonwealth Minister for or in relation to-- (a) the performance on a joint basis of any functions of the commission or the registrar of the tribunal; or (b) the performance by the Commonwealth or a Commonwealth instrumentality on behalf of the State of any functions of the commission or the registrar; or (c) the performance by the commission or the registrar of functions on behalf of the Commonwealth. 259 Necessary provisions An arrangement under this part may contain such incidental or supplementary provisions as the Minister and the Commonwealth Minister with whom the arrangement is made, consider necessary. 260 Act performed under arrangement An act done by or in relation to the Commonwealth, or a Commonwealth instrumentality, acting (whether on a joint basis or otherwise) under an arrangement made under this part is taken to have been done by or in relation to the Commission. 261 Alterations The Minister may arrange with the Commonwealth Minister with whom an arrangement is in force under this part for the variation or revocation of the arrangement. 262 Form of alterations An arrangement under this part, or the variation or revocation of such an arrangement, is to be in writing, and a copy of each instrument by which an arrangement under this part is made, varied or revoked, is to be published in the gazette. 263 Arrangement to prevail To the extent that an arrangement made under this part is inconsistent with sections 237 to 243, 245, 246 and 257, the arrangement is to prevail. 263A Definitions for pt 1 In this part-- document includes a copy of a document. give includes provide. relevant party, for a complaint, means the complainant or respondent in relation to the complaint. 263B Operation of pt 1 This part, and not the Acts Interpretation Act 1954, section 39, applies for the giving of documents under this Act to a relevant party for a complaint. 263C General requirement for address of service The address for service of a relevant party for a complaint as advised to the commissioner or the tribunal must be a residential or business address or a post office box address. 263D Advice to tribunal of address for service (1) An address for service of a relevant party for a complaint, as notified to the commissioner, may be used by both the commissioner and the tribunal as the relevant party's address for service for the complaint. (2) However, if a relevant party for a complaint has not given the commissioner the party's address for service, the relevant party must advise the tribunal of the relevant party's address for service if the complaint is referred to the tribunal. 263E Change of address for service (1) A relevant party for a complaint may, at any time before the complaint is finally dealt with by the commissioner, give written notice to the commissioner of a change in the relevant party's address for service. (2) A relevant party for a complaint may, at any time before the complaint is finally dealt with by the tribunal, advise the tribunal of a change in the relevant party's address for service. (3) A relevant party for a complaint-- (a) must give all other relevant parties for the complaint a copy of a written notice given under subsection (1) or (2); and (b) must give the commissioner a copy of a written notice given under subsection (2). 263F Use of address for service (1) For a complaint, the address for service of a relevant party for the complaint is the relevant party's address for service-- (a) for the commissioner or the tribunal--as most recently notified to the commissioner or the tribunal; or (b) for another relevant party for the complaint--as most recently notified to the other relevant party. (2) If a document is required or permitted to be given to a relevant party for a complaint, the document is taken to be given to the relevant party if 1 of the following applies-- (a) the relevant party is an individual, and the document is handed to the relevant party personally; (b) the document is posted to the relevant party's address for service; (c) the relevant party's address for service is a residential address, and the document is left with someone apparently living at the address who is apparently at least 16 years; (d) the relevant party is a body corporate, its address for service is a business address, and the document is left at the address for service. (3) Despite subsection (2)(c) and (d), if the relevant party's address for service is a residential or business address and is a place in a building or area to which a person delivering a document is denied access, the document is taken to be given to the relevant party if it is left at the building or area in a position where it is reasonably likely to come to the attention of the relevant party. (4) Subsection (2)(b) does not stop the relevant party from establishing that the relevant party was not given the document by proving that the document was not delivered to the address for service. (5) If the document is given to a relevant party under subsection (2)(c) or (d) or (3), the giving of the document is taken to have been effected on the business day after the document is left in the way required. 263G Communication effected by giving of document (1) This section applies if the commissioner or tribunal is required or permitted under this Act, in relation to a complaint, to communicate with a relevant party for the complaint including, for example, by doing any of the following-- (a) notifying the relevant party of something, whether or not in writing; (b) asking or telling the relevant party something, whether or not in writing; (c) giving the relevant party reasons for something, whether or not in writing; (d) giving the relevant party a direction, or otherwise ordering the relevant party to do something, whether or not in writing; (e) writing to the relevant party to tell the relevant party something. (2) The commissioner or tribunal may effect the communication by-- (a) putting the substance of the communication into a document; and (b) giving the document to the relevant party in a way provided for under this part for the giving of a document to a relevant party for a complaint. Example-- Section 169(1) includes a requirement for the commissioner to tell a complainant in writing that a complaint will lapse unless the complainant indicates that the complainant wishes to continue with it. The commissioner may tell the complainant about the lapsing of the complaint by including the information in a document and posting the document to the complainant's address for service. 263H No address for service advised (1) This section applies if the address for service of a relevant party for a complaint is not known-- (a) because of the relevant party's failure to comply with a requirement for advising an address for service; or (b) because the relevant party is a respondent, and has not yet been notified under section 143. (2) The relevant party's address for service is taken to be-- (a) for an individual--the individual's last known place of business or residence; or (b) for a body corporate--the body corporate's head office or its principal or registered office. (3) For subsection (1)(a), a relevant party's failure to comply with a requirement for advising an address for service includes a respondent's failure to advise the commissioner of the respondent's address for service after receiving a notice under section 143. 263I Email or fax address (1) A relevant party for a complaint may, as well as advising the relevant party's address for service, also advise an email address or fax number for the relevant party. (2) If a relevant party for a complaint, in advising an address for service, has also advised an email address or fax number and has stated a preference for the use of the email address or fax number for the service of documents, a document to be given to the relevant party in relation to the complaint may be, but is not required to be, given to the relevant party by using the email address or fax number. 264 No communication of official information to court (1) A person-- (a) who is or has been-- (i) the commissioner; or (ii) a member of the tribunal; or (iii) the registrar; or (iv) a member of the staff of the commission or the tribunal; or (v) a person acting under the direction or authority of the commissioner or a member of the tribunal; or (vi) a person acting under a delegation under section 244; and (b) who, in that capacity, acquired information about a person's affairs or has access to, or custody of, a document about a person's affairs; may not be required-- (c) to give to a court the information; or (d) to produce in a court the document. (2) Subsection (1) does not apply if giving the information or producing the document-- (a) is required for the performance of a function in connection with this Act; or (b) is required or permitted by another Act (whether of the Commonwealth or a State). (3) In this section-- court includes any tribunal, authority or person having power to require the production of documents or the answering of questions. produce includes permit access to. 265 Protection from civil actions--exercise of functions etc. (1) A person who is or has been-- (a) the commissioner; or (b) a member of the tribunal; or (c) the registrar; or (d) a member of the staff of the commission or the tribunal; or (e) a person acting under the direction or authority of the commissioner or a member of the tribunal; or (f) a person acting under a delegation under section 244; incurs no civil liability for an honest act or omission in-- (g) the performance or purported performance of functions under the Act; or (h) the exercise or purported exercise of powers under the Act. (2) A liability that would, but for this section, attach to a person mentioned in subsection (1) attaches instead to the State. (3) This section is subject to section 266A to the extent it relates to the civil liability of a member of the tribunal or the registrar. 266 Protection from civil actions--complaint etc. If-- (a) a complaint has been made to the commissioner; or (b) a submission has been made or a document, information or evidence given to the commissioner or tribunal; a person incurs no civil liability in respect of loss, damage or injury of any kind suffered by another person merely because the complaint or submission was made or the document, information or evidence given. 266A Protection and immunity (1) In performing the functions or exercising the powers of a member of the tribunal, the member has the same protection and immunity as a Supreme Court judge performing the judge's functions or exercising the judge's powers. (2) In performing the functions or exercising the powers of the tribunal under section 257A, the registrar has the same protection and immunity as a Supreme Court judge performing the judge's functions or exercising the judge's powers. (3) A party appearing before the tribunal has the same protection and immunity as a party has in a proceeding in the Supreme Court. (4) A person appearing as a witness before the tribunal has the same protection and immunity as a witness has in a proceeding in the Supreme Court. (5) In this section-- party includes a party's lawyer or agent. 267 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation may make provision about-- (a) the exercise of the commissioner's powers; and (b) the tribunal's procedure; and (c) the fees to be paid for making a complaint under chapter 7 (Enforcement); and (d) costs; and (e) the fees and expenses to be paid to a person appearing as a witness in a proceeding under the Act. (3) A regulation may provide that contravention of a regulation is an offence and prescribe a maximum penalty for the offence of not more than 20 penalty units. 268 Transitional provisions about compulsory age retirement (1) Subject to section 106A (Compulsory retirement age under legislation etc.), a provision of-- (a) a previous industrial order; or (b) a previous industrial agreement; or (c) a previous public sector policy; is of no effect so far as it requires, or requires or authorises the compelling of, a worker to retire on or after reaching a particular age. (2) If a compulsory retirement age is-- (a) set for a person on or before 30 June 1994 under section 32(1) (Compulsory retirement age) as in force on that day; or (b) specified for a person under a previous agreement; then, by force of this subsection, the person is required, and is taken always to have been required, to retire in accordance with the compulsory retirement age set or specified unless the compulsory retirement age is subsequently waived by the relevant parties. (3) Subject to section 106A, a previous provision of an Act is of no effect so far as it has the effect, apart from this subsection, of disqualifying, or requiring or authorising the disqualification of, a person from applying for or being appointed to an office or position or other work because the person has reached a particular age. (4) Subject to section 106A, a previous provision of an Act is of no effect so far as it requires, or requires or authorises the compelling of, a person to end work on or after reaching a particular age. (5) Subsections (1), (3) and (4) have effect despite section 106 (Acts done in compliance with legislation etc.). (6) In this section-- previous agreement means any agreement in existence on 30 June 1994 other than a previous industrial agreement. previous industrial agreement means a certified agreement, enterprise flexibility agreement or industrial agreement within the meaning of the Industrial Relations Act 1990 in force on 30 June 1994. previous industrial order means an order or award of a court or tribunal having power to fix minimum wages and other terms of employment in force on 30 June 1994. previous provision of an Act means a provision of an Act in force on 30 June 1994. previous public sector policy means a policy, standard or other instrument of a previous public sector unit that applied on 30 June 1994 to an employee of the unit. previous public sector unit means an entity that was a unit of the public sector on 30 June 1994 under the repealed Public Sector Management Commission Act 1990. 269 Application of amendments made by Discrimination Law Amendment Act 2002 (1) The following provisions of this Act, as inserted, or to the extent amended, by the Discrimination Law Amendment Act 2002, do not apply for the purposes of a complaint received by the commissioner before the commencement of this section-- (a) section 136; (b) section 143(2) to (5); (c) section 153; (d) section 154A; (e) section 155; (f) section 164A. (2) The following provisions of this Act, as inserted, or to the extent amended, by the Discrimination Law Amendment Act 2002, apply for the purposes of a complaint, whether the complaint was received by the commissioner before or after the commencement of this section-- (a) section 188; (b) section 201; (c) section 208; (d) section 209; (e) section 213; (f) chapter 7, part 2, division 3A; (g) section 215A; (h) section 216; (i) section 236; (j) chapter 10, part 1. 270 Operation of service provisions for complaints received before commencement (1) This section provides for the application of chapter 10, part 1 to a complaint received by the commissioner before the commencement of this section. (2) Despite section 269(2), nothing in chapter 10, part 1 requires a relevant party for the complaint to advise the commissioner, the tribunal or another relevant party for the complaint of the relevant party's address for service. (3) However-- (a) a relevant party for the complaint may at any time advise an address for service in the same way a relevant party for a complaint may advise a change of the relevant party's address for service under section 263E; and (b) if a relevant party for the complaint has not advised an address for service, the relevant party's address for service is taken to be the address mentioned for the party in section 263H(2). (4) In this section-- relevant party, for a complaint, means the complainant or respondent in relation to the complaint. - SCHEDULE -- DICTIONARY accommodation includes-- (a) business premises; and (b) a house or flat; and (c) a hotel or motel; and (d) a boarding house or hostel; and (e) a caravan or caravan site; and (f) a manufactured home, or a site, under the Manufactured Homes (Residential Parks) Act 2003; and (g) a camping site; and (h) a building or construction site. advertisement includes every form of advertisement or notice, however displayed, and whether or not displayed to the public, and includes, for example, an advertisement-- (a) in a newspaper or other publication; or (b) by television or radio; or (c) by display of notices, signs, labels or goods; or (d) by distribution of samples, circulars, catalogues, price lists or other material; or (e) by exhibition of pictures, models or films. affairs, in relation to a club, has the meaning given by the Corporations Act, section 53. agent means a person who has actual, implied or ostensible authority to act on behalf of another. assistance dog has the meaning given by the Guide, Hearing and Assistance Dogs Act 2009, schedule 4. attribute means an attribute set out in section 7. club means an association that-- (a) is established for social, literary, cultural, political, sporting, athletic, recreational, community service or any other similar lawful purposes; and (b) carries out its purposes for the purpose of making a profit. commission means the Anti-Discrimination Commission. commissioner means the Anti-Discrimination Commissioner. committee of management, in relation to a club or unincorporated association, means the group or body of people, by whatever name called, that manages the affairs of the club or association. complainant means-- (a) in relation to a representative complaint--a person named in the complaint or otherwise identified in the complaint as a person on whose behalf the complaint is being made; or (b) in relation to a complaint by a relevant entity under section 134--the relevant entity; or (c) otherwise--the person who is the subject of the alleged contravention of the Act. contravention, in relation to the Act, means-- (a) unlawful discrimination; or (b) sexual harassment; or (c) conduct prohibited by chapter 4 or 5. direct discrimination has the meaning given by section 10. discriminate means discriminate whether by direct discrimination or indirect discrimination. discrimination on the basis of an attribute has the meaning given by section 8. educational authority means a person or body administering an educational institution. educational institution means a school, college, university or other institution providing any form of training or instruction, and includes a place at which training or instruction is provided by an employer. exclude, in relation to a student, means expel. family responsibilities, of a person, means the person's responsibilities to care for or support-- (a) a dependant child of the person; or (b) any other member of the person's immediate family who is in need of care or support. forced retirement includes engaging in conduct with a view to causing a person to retire from particular work because of the person's age. gender identity, in relation to a person, means that the person-- (a) identifies, or has identified, as a member of the opposite sex by living or seeking to live as a member of that sex; or (b) is of indeterminate sex and seeks to live as a member of a particular sex. guide dog has the meaning given by the Guide, Hearing and Assistance Dogs Act 2009, schedule 4. hearing dog has the meaning given by the Guide, Hearing and Assistance Dogs Act 2009, schedule 4. human rights has the meaning given by section 3(1) of the Human Rights and Equal Opportunity Commission Act 1986 (Cwlth). Human Rights and Equal Opportunity Commission means the commission of that name established by the Human Rights and Equal Opportunity Commission Act 1986 (Cwlth). immediate family, of a person, means-- (a) the person's spouse or former spouse; or (b) a child of the person or the person's spouse or former spouse, including an exnuptial child, stepchild, adopted child, or past or present foster child of the person or the person's spouse or former spouse; or (c) a parent, grandparent, grandchild or sibling of the person or the person's spouse or former spouse. impairment, in relation to a person, means-- (a) the total or partial loss of the person's bodily functions, including the loss of a part of the person's body; or (b) the malfunction, malformation or disfigurement of a part of the person's body; or (c) a condition or malfunction that results in the person learning more slowly than a person without the condition or malfunction; or (d) a condition, illness or disease that impairs a person's thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour; or (e) the presence in the body of organisms capable of causing illness or disease; or (f) reliance on a guide, hearing or assistance dog, wheelchair or other remedial device; whether or not arising from an illness, disease or injury or from a condition subsisting at birth, and includes an impairment that-- (g) presently exists; or (h) previously existed but no longer exists. indirect discrimination has the meaning given by section 11. industrial agreement has the meaning given by the Industrial Relations Act 1999. industrial relief means relief under the Industrial Relations Act 1999, chapter 3. insurance includes-- (a) an annuity; and (b) life assurance; and (c) accident insurance; and (d) illness insurance. lawful sexual activity means a person's status as a lawfully employed sex worker, whether or not self-employed. Magistrates Courts' district means the district appointed under the Justices Act 1886 for the purposes of Magistrates Courts. member, for chapter 9, part 2, see section 246A. non-State school means a school that is provisionally accredited, or accredited, under the Education (Accreditation of Non-State Schools) Act 2001. non-State school authority means a person or body administering a non-State school. parent includes-- (a) step-parent; and (b) adoptive parent; and (c) foster parent; and (d) guardian. parental status means whether or not a person is a parent. position includes a position as-- (a) a worker; or (b) a partner. public act see section 4A. race includes-- (a) colour; and (b) descent or ancestry; and (c) ethnicity or ethnic origin; and (d) nationality or national origin. registrar means the Registrar of the Tribunal. relation, in relation to a person, means relation to the person by blood, marriage, affinity or adoption, and includes a person who is wholly or mainly dependent on, or is a member of the household of, the first person. relationship status means whether a person is-- (a) single; or (b) married; or (c) married to another person, but living separately and apart from the other person; or (d) divorced; or (e) widowed; or (f) a de facto partner. religious activity means engaging in, not engaging in or refusing to engage in a lawful religious activity. religious belief means holding or not holding a religious belief. respondent, in relation to a complaint, means a person alleged in the complaint to have contravened the Act. services includes-- (a) access to and use of any place, vehicle or facilities that members of the public are permitted to use; and (b) banking and the supply of loans, finance or credit guarantees; and (c) recreation, including entertainment, sports, tourism and the arts; and (d) the supply of refreshments; and (e) services connected with transport and travel; and (f) services of any profession, trade or business; and (g) services provided by a public or local government; and (h) the provision of scholarships, prizes or awards; but does not include-- (i) superannuation; or (j) insurance. sexuality means heterosexuality, homosexuality or bisexuality. State includes Territory. superannuation fund means a superannuation or provident fund or scheme. superannuation fund conditions, in relation to a superannuation fund, means the terms that relate to membership of, or benefits payable from, the superannuation fund. term includes condition. tribunal means the Anti-Discrimination Tribunal. work includes-- (a) work in a relationship of employment (including full-time, part- time, casual, permanent and temporary employment); and (b) work under a contract for services; and (c) work remunerated in whole or in part on a commission basis; and (d) work under a statutory appointment; and (e) work under a work experience arrangement within the meaning of the Education (Work Experience) Act 1996, section 4; and (ea) work under a vocational placement under the Vocational Education, Training and Employment Act 2000; and (f) work on a voluntary or unpaid basis; and (g) work by a person with an impairment in a sheltered workshop, whether on a paid basis (including a token remuneration or allowance) or an unpaid basis; and (h) work under a guidance program, an apprenticeship training program or other occupational training or retraining program. - NOTES Page Date to which amendments incorporated 153 Key 154 Table of reprints 154 Tables in earlier reprints 155 List of legislation 155 List of annotations 158 This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2009. Future amendments of the Anti-Discrimination Act 1991 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2002 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered Reprint No. Amendments to Effective Reprint date 1 1992 Act No. 36 2 July 1992 3 July 1992 2 1993 Act No. 32 3 June 1993 22 June 1993 3 1994 Act No. 29 1 July 1994 21 July 1994 3A 1995 Act No. 58 28 November 1995 24 June 1996 3B 1996 Act No. 54 1 December 1996 7 March 1997 3C 1996 Act No. 54 1 June 1997 13 June 1997 4 1996 Act No. 54 1 June 1997 3 September 1998 4A 1999 Act No. 33 1 July 1999 9 July 1999 4B 2000 Act No. 23 1 July 2000 7 July 2000 5 2000 Act No. 23 1 July 2000 1 September 2000 5A 2000 Act No. 23 28 September 2000 28 September 2000 5B 2000 Act No. 46 25 October 2000 3 November 2000 6 2001 Act No. 45 15 July 2001 3 August 2001 6A 2001 Act No. 60 1 January 2002 15 January 2002 Reprint No. Amendments included Effective Notes 6B 2002 Act No. 34 16 August 2002 6C 2002 Act No. 74 31 March 2003 6D 2002 Act No. 74 1 April 2003 6E 2003 Act No. 77 8 December 2003 6F 2003 Act No. 63 1 January 2004 6G 2003 Act No. 74 1 March 2004 6H 2004 Act No. 43 3 December 2004 6I 2005 Act No. 70 8 December 2005 R6I withdrawn, see R7 7 -- 8 December 2005 7A 2006 Act No. 39 30 October 2006 7B 2007 Act No. 37 28 September 2007 7C 2008 Act No. 59 25 November 2008 7D 2008 Act No. 67 1 December 2008 7E 2009 Act No. 4 2009 Act No. 1 July 2009 R7E withdrawn, see R8 9 8 -- 1 July 2009 Name of table Reprint No. Changed names and titles 3 Corrected minor errors 3 Obsolete and redundant provisions 3 Renumbered provisions 2 >