ANTI-DISCRIMINATION ACT 1991 - As at 3 November 2022 - Act 85 of 1991
- As at 3 November 2022
- Act 85 of 1991
Table of Provisions
CHAPTER 1 - PRELIMINARY
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
PART 3 - PROHIBITED TYPES OF 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
29. (Repealed)
- 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
42. (Repealed)
- 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.
- 106B Citizenship or visa requirements imposed under State government policies etc.
- 106C Accommodation for use in connection with work as sex worker
- 107 Public health
- 108 Workplace health and safety
- 109 Religious bodies
- 110 Charities
- 111 Sport
- 112 Legal incapacity
- 113 Tribunal
- 113AA Transfer of application from industrial relations commission to QCAT
- 113A Appeal from tribunal decision
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 2 - (Repealed)
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 5B - DISCRIMINATION AGAINST RESIDENTS OF REGIONAL COMMUNITIES (COMPLAINT)
- 131B Definitions for chapter
- 131C Prohibition on discrimination against persons in nearby regional communities in relation to work on large resource projects
- 131D Provisions of this Act that do not apply for this chapter
- 131E Burden of proof—general principle
- 131F Reason for action to be presumed unless proved otherwise
- 131G Evidentiary aid
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 QUEENSLAND HUMAN RIGHTS 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
- 140A Dealing with complaint under Human Rights Act 2019
- 141 Time limit on acceptance or rejection of complaints
- 141A Deferral of acceptance of complaint for out-of-time contravention
- 142 Reasons for rejected complaints
- 143 Respondent is to be notified of accepted complaint
- 144 Applications for 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
- 164AA Confidentiality of 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
- 168A Complaint may lapse if dealt with elsewhere
- 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 TRIBUNAL MAY DO
Division 1A - Functions and powers of tribunal
- 174A Functions of QCAT
- 174B Functions of industrial relations commission
- 174C Powers of tribunal under relevant tribunal Act
Division 1 - The pre-hearing process
Subdivision 1 - All complaints
- 175 Time limit on referred complaints
- 176 Constitution of tribunal—QCAT
- 177 Tribunal may join a person as a party
- 178 Complaints may be amended
179. (Repealed)
180. (Repealed)
181. (Repealed)
182. (Repealed)
183. (Repealed)
184. (Repealed)
- 185 Solicitor or counsel assisting the tribunal
- 186 Officer assisting the tribunal
187. (Repealed)
188. (Repealed)
- 189 Resolution before tribunal order
- 190 Interim orders protecting complainant’s interests (tribunal)
- 191 Anonymity
192. (Repealed)
- 193 Complainant may withdraw complaint
- 193A Transfer of complaints from industrial relations commission to QCAT
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
201. (Repealed)
202. (Repealed)
203. (Repealed)
Division 2 - The hearing process
- 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. (Repealed)
212. (Repealed)
213. (Repealed)
Division 3A - (Repealed)
Division 4 - (Repealed)
PART 3 - (Repealed)
PART 4 - OFFENCES (NO COMPLAINT)
Division 1 - Creation of offences to assist in enforcement
Division 2 - Improper communication offence
- 220 Improper communication of official information
Division 3 - Offences against the commissioner and staff
- 221 False or misleading information
- 222 Obstruction
- 223 Contempt of commission
224. (Repealed)
Division 4 - (Repealed)
Division 5 - Procedure
- 226 Proceedings for offences
- 226A Continuing prohibition on identity disclosure
226B. (Repealed)
PART 5 - PROCEEDINGS INVOLVING UNINCORPORATED ASSOCIATION
- 227 Unincorporated association represented by committee member
CHAPTER 8 - OPINIONS
- 228 Commissioner may seek tribunal opinion
- 228A Constitution of tribunal for this chapter
- 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 QUEENSLAND HUMAN RIGHTS COMMISSION
- 234 The Queensland Human Rights Commission and Human Rights 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 or function by commissioner
- 245 Acting commissioner
- 246 Commission staff
PART 2 - (Repealed)
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 for service
263D. (Repealed)
- 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. (Repealed)
- 267 Regulation-making power
CHAPTER 11 - TRANSITIONAL PROVISIONS
PART 1 - TRANSITIONAL PROVISION FOR ACT NO. 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
PART 3 - TRANSITIONAL PROVISION FOR YOUTH JUSTICE (BOOT CAMP ORDERS) AND OTHER LEGISLATION AMENDMENT ACT 2012
- 271 Application of ch 2, pt 5
PART 4 - TRANSITIONAL PROVISIONS FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2013
- 272 Definitions for pt 4
- 273 Application of amended ss 140 and 154A to a complaint made before commencement
- 274 Complainant can not make further complaint if complaint lapsed under former s 168 or 170
- 275 Application of s 168A to complaint accepted before commencement
- 276 Application of amendments relating to functions of industrial relations commission
- 277 Commissioner
- 278 Commission
- 279 Application of s 190 to existing complaints