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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 (Repealed)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 (Repealed)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

  • 219 Creation of offences

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

PART 5 - TRANSITIONAL PROVISION FOR INDUSTRIAL RELATIONS ACT 2016

  • 276 Application of amendments relating to functions of industrial relations commission

PART 6 - TRANSITIONAL PROVISIONS FOR HUMAN RIGHTS ACT 2019

  • 277 Commissioner
  • 278 Commission

PART 7 - TRANSITIONAL PROVISION FOR INDUSTRIAL RELATIONS AND OTHER LEGISLATION AMENDMENT ACT 2022

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