{"id":"qld:act-1991-085","name":"Anti-Discrimination Act 1991","slug":"qld-act-1991-085","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"85 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":313599,"registerId":"qld-qld:act-1991-085-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Act’s anti-discrimination purpose","content":"# Act’s anti-discrimination purpose","sortOrder":0},{"sectionNumber":"sec.6","sectionType":"section","heading":"Act’s anti-discrimination purpose and how it is to be achieved","content":"### sec.6 Act’s anti-discrimination purpose and how it is to be achieved\n\nOne 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.\nThis purpose is to be achieved by—\nprohibiting discrimination that is—\non a ground set out in part 2 ; and\nof a type set out in part 3 ; and\nin an area of activity set out in part 4 ;\nunless an exemption set out in part 4 or 5 applies; and\nallowing a complaint to be made under chapter 7 against the person who has unlawfully discriminated; and\nusing the agencies and procedures established under chapter 7 to deal with the complaint.\ns 6 amd 2024 No. 47 s 6 (uncommenced amendment)\n(sec.6-ssec.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.\n(sec.6-ssec.2) This purpose is to be achieved by— prohibiting discrimination that is— on a ground set out in part 2 ; and of a type set out in part 3 ; and in an area of activity set out in part 4 ; unless an exemption set out in part 4 or 5 applies; and allowing a complaint to be made under chapter 7 against the person who has unlawfully discriminated; and using the agencies and procedures established under chapter 7 to deal with the complaint.\n- (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 ;\n- (i) on a ground set out in part 2 ; and\n- (ii) of a type set out in part 3 ; and\n- (iii) in an area of activity set out in part 4 ;\n- (i) on a ground set out in part 2 ; and\n- (ii) of a type set out in part 3 ; and\n- (iii) in an area of activity set out in part 4 ;\n- (b) allowing a complaint to be made under chapter 7 against the person who has unlawfully discriminated; and\n- (c) using the agencies and procedures established under chapter 7 to deal with the complaint.","sortOrder":1},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Prohibited grounds of discrimination","content":"# Prohibited grounds of discrimination","sortOrder":2},{"sectionNumber":"sec.7","sectionType":"section","heading":"Discrimination on the basis of certain attributes prohibited","content":"### sec.7 Discrimination on the basis of certain attributes prohibited\n\nThe Act prohibits discrimination on the basis of the following attributes—\nsex;\nrelationship status;\npregnancy;\nparental status;\nbreastfeeding;\nage;\nrace;\nimpairment;\nreligious belief or religious activity;\npolitical belief or activity;\ntrade union activity;\nsex work activity;\ngender identity;\nsexuality;\nsex characteristics;\nfamily responsibilities;\nassociation with, or relation to, a person identified on the basis of any of the above attributes.\ns 7 amd 2002 No. 74 ss 14 , 90 sch ; 2023 No. 17 s 152 ; 2024 No. 23 s 4\namd 2024 No. 47 s 7 (uncommenced amendment)\n- (a) sex;\n- (b) relationship status;\n- (c) pregnancy;\n- (d) parental status;\n- (e) breastfeeding;\n- (f) age;\n- (g) race;\n- (h) impairment;\n- (i) religious belief or religious activity;\n- (j) political belief or activity;\n- (k) trade union activity;\n- (l) sex work activity;\n- (m) gender identity;\n- (n) sexuality;\n- (o) sex characteristics;\n- (p) family responsibilities;\n- (q) association with, or relation to, a person identified on the basis of any of the above attributes.","sortOrder":3},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of discrimination on the basis of an attribute","content":"### sec.8 Meaning of discrimination on the basis of an attribute\n\nDiscrimination on the basis of an attribute includes direct and indirect discrimination on the basis of—\na characteristic that a person with any of the attributes generally has; or\na characteristic that is often imputed to a person with any of the attributes; or\nan attribute that a person is presumed to have, or to have had at any time, by the person discriminating; or\nan attribute that a person had, even if the person did not have it at the time of the discrimination.\nIf 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.\ns 8 amd 2024 No. 47 s 7A (uncommenced amendment)\n- (a) a characteristic that a person with any of the attributes generally has; or\n- (b) a characteristic that is often imputed to a person with any of the attributes; or\n- (c) an attribute that a person is presumed to have, or to have had at any time, by the person discriminating; or\n- (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.","sortOrder":4},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Prohibited types of discrimination","content":"# Prohibited types of discrimination","sortOrder":5},{"sectionNumber":"sec.9","sectionType":"section","heading":"Discrimination of certain types prohibited","content":"### sec.9 Discrimination of certain types prohibited\n\nThe Act prohibits the following types of discrimination—\ndirect discrimination;\nindirect discrimination.\n- (a) direct discrimination;\n- (b) indirect discrimination.","sortOrder":6},{"sectionNumber":"sec.10","sectionType":"section","heading":"Meaning of direct discrimination","content":"### sec.10 Meaning of direct discrimination\n\nDirect 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.\nR refuses to rent a flat to C because—\nC is English and R doesn’t like English people\nC’s friend, B, is English and R doesn’t like English people\nR believes that English people are unreliable tenants.\nIn 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.\nIt is not necessary that the person who discriminates considers the treatment is less favourable.\nThe person’s motive for discriminating is irrelevant.\nR 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.\nIf 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.\nIn 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.\ns 10 sub 2024 No. 47 s 7B (uncommenced amendment)\n(sec.10-ssec.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. 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.\n(sec.10-ssec.2) It is not necessary that the person who discriminates considers the treatment is less favourable.\n(sec.10-ssec.3) The person’s motive for discriminating is irrelevant. 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.\n(sec.10-ssec.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.\n(sec.10-ssec.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.\n- • C is English and R doesn’t like English people\n- • C’s friend, B, is English and R doesn’t like English people\n- • R believes that English people are unreliable tenants.","sortOrder":7},{"sectionNumber":"sec.11","sectionType":"section","heading":"Meaning of indirect discrimination","content":"### sec.11 Meaning of indirect discrimination\n\nIndirect discrimination on the basis of an attribute happens if a person imposes, or proposes to impose, a term—\nwith which a person with an attribute does not or is not able to comply; and\nwith which a higher proportion of people without the attribute comply or are able to comply; and\nthat is not reasonable.\nWhether a term is reasonable depends on all the relevant circumstances of the case, including, for example—\nthe consequences of failure to comply with the term; and\nthe cost of alternative terms; and\nthe financial circumstances of the person who imposes, or proposes to impose, the term.\nIt is not necessary that the person imposing, or proposing to impose, the term is aware of the indirect discrimination.\nIn this section—\nterm includes condition, requirement or practice, whether or not written.\nAn 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.\nAn 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.\ns 11 sub 2024 No. 47 s 7B (uncommenced amendment)\n_____\ns 11A ins 2024 No. 47 s 7B (uncommenced amendment)\n(sec.11-ssec.1) Indirect discrimination on the basis of an attribute happens if a person imposes, or proposes to impose, a term— with which a person with an attribute does not or is not able to comply; and with which a higher proportion of people without the attribute comply or are able to comply; and that is not reasonable.\n(sec.11-ssec.2) Whether a term is reasonable depends on all the relevant circumstances of the case, including, for example— the consequences of failure to comply with the term; and the cost of alternative terms; and the financial circumstances of the person who imposes, or proposes to impose, the term.\n(sec.11-ssec.3) It is not necessary that the person imposing, or proposing to impose, the term is aware of the indirect discrimination.\n(sec.11-ssec.4) In this section— term includes condition, requirement or practice, whether or not written. 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. 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.\n- (a) with which a person with an attribute does not or is not able to comply; and\n- (b) with which a higher proportion of people without the attribute comply or are able to comply; and\n- (c) that is not reasonable.\n- (a) the consequences of failure to comply with the term; and\n- (b) the cost of alternative terms; and\n- (c) the financial circumstances of the person who imposes, or proposes to impose, the term.","sortOrder":8},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Areas of activity in which discrimination is prohibited","content":"# Areas of activity in which discrimination is prohibited","sortOrder":9},{"sectionNumber":"ch.2-pt.4-div.1","sectionType":"division","heading":"Part’s structure","content":"## Part’s structure","sortOrder":10},{"sectionNumber":"sec.12","sectionType":"section","heading":"Explanatory provision (structure)","content":"### sec.12 Explanatory provision (structure)\n\nThis part specifies the areas of activity in which discrimination is prohibited and the exemptions that apply in relation to those areas.\nPart 5 specifies general exemptions that apply to all the areas.\n(sec.12-ssec.1) This part specifies the areas of activity in which discrimination is prohibited and the exemptions that apply in relation to those areas.\n(sec.12-ssec.2) Part 5 specifies general exemptions that apply to all the areas.","sortOrder":11},{"sectionNumber":"ch.2-pt.4-div.2","sectionType":"division","heading":"Work and work-related areas","content":"## Work and work-related areas","sortOrder":12},{"sectionNumber":"sec.13","sectionType":"section","heading":"Explanatory provision (prohibitions)","content":"### sec.13 Explanatory provision (prohibitions)\n\nA person must not discriminate in the work or work-related area if a prohibition in sections 14 to 23 applies.\nThis subdivision does not apply to discrimination in connection with superannuation or insurance.\nDiscrimination in connection with superannuation or insurance is dealt with in sections 52 to 75 .\n(sec.13-ssec.1) A person must not discriminate in the work or work-related area if a prohibition in sections 14 to 23 applies.\n(sec.13-ssec.2) This subdivision does not apply to discrimination in connection with superannuation or insurance.\n(sec.13-ssec.3) Discrimination in connection with superannuation or insurance is dealt with in sections 52 to 75 .","sortOrder":13},{"sectionNumber":"sec.14","sectionType":"section","heading":"Discrimination in the pre-work area","content":"### sec.14 Discrimination in the pre-work area\n\nA person must not discriminate—\nin the arrangements made for deciding who should be offered work; or\nin deciding who should be offered work; or\nin 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\nin failing to offer work; or\nby denying a person seeking work access to a guidance program, an apprenticeship training program or other occupational training or retraining program; or\nin developing the scope or range of such a program.\ns 14 amd 1994 No. 29 s 5 ; 1999 No. 33 s 747 sch 3 ; 2007 No. 37 s 6\n- (a) in the arrangements made for deciding who should be offered work; or\n- (b) in deciding who should be offered work; or\n- (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\n- (d) in failing to offer work; or\n- (e) by denying a person seeking work access to a guidance program, an apprenticeship training program or other occupational training or retraining program; or\n- (f) in developing the scope or range of such a program.","sortOrder":14},{"sectionNumber":"sec.15","sectionType":"section","heading":"Discrimination in work area","content":"### sec.15 Discrimination in work area\n\nA person must not discriminate—\nin any variation of the terms of work; or\nin denying or limiting access to opportunities for promotion, transfer, training or other benefit to a worker; or\nin dismissing a worker; or\nby denying access to a guidance program, an apprenticeship training program or other occupational training or retraining program; or\nin developing the scope or range of such a program; or\nby treating a worker unfavourably in any way in connection with work.\nIn this section—\ndismissing includes ending the particular work of a person by forced retirement, failure to provide work or otherwise.\ns 15 amd 1994 No. 29 s 6 ; 1999 No. 33 s 747 sch 3 ; 2007 No. 37 s 7\namd 2024 No. 47 s 3 sch 1 (uncommenced amendment)\n(sec.15-ssec.1) A person must not discriminate— in any variation of the terms of work; or in denying or limiting access to opportunities for promotion, transfer, training or other benefit to a worker; or in dismissing a worker; or by denying access to a guidance program, an apprenticeship training program or other occupational training or retraining program; or in developing the scope or range of such a program; or by treating a worker unfavourably in any way in connection with work.\n(sec.15-ssec.2) In this section— dismissing includes ending the particular work of a person by forced retirement, failure to provide work or otherwise.\n- (a) in any variation of the terms of work; or\n- (b) in denying or limiting access to opportunities for promotion, transfer, training or other benefit to a worker; or\n- (c) in dismissing a worker; or\n- (d) by denying access to a guidance program, an apprenticeship training program or other occupational training or retraining program; or\n- (e) in developing the scope or range of such a program; or\n- (f) by treating a worker unfavourably in any way in connection with work.","sortOrder":15},{"sectionNumber":"sec.15A","sectionType":"section","heading":"Discrimination by principals","content":"### sec.15A Discrimination by principals\n\nThis section applies if a person (the worker ) does work, or is to do work, for another person (the principal ) under or because of—\na contract between the principal and a third person; or\nanother 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.\nThe principal must not discriminate against the worker—\nin the terms in which the principal allows the worker to work; or\nby not allowing the worker to work or continue to work; or\nby denying or limiting access by the worker to any benefits connected with the work; or\nby treating the worker unfavourably in any way in connection with the work.\nThis section does not limit section 15 .\ns 15A ins 2001 No. 35 s 6\namd 2005 No. 70 s 17\namd 2024 No. 47 s 3 sch 1 (uncommenced amendment)\n(sec.15A-ssec.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 contract between the principal and a third person; or 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.\n(sec.15A-ssec.2) The principal must not discriminate against the worker— in the terms in which the principal allows the worker to work; or by not allowing the worker to work or continue to work; or by denying or limiting access by the worker to any benefits connected with the work; or by treating the worker unfavourably in any way in connection with the work.\n(sec.15A-ssec.3) This section does not limit section 15 .\n- (a) a contract between the principal and a third person; or\n- (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.\n- (a) in the terms in which the principal allows the worker to work; or\n- (b) by not allowing the worker to work or continue to work; or\n- (c) by denying or limiting access by the worker to any benefits connected with the work; or\n- (d) by treating the worker unfavourably in any way in connection with the work.","sortOrder":16},{"sectionNumber":"sec.16","sectionType":"section","heading":"Discrimination by proposed partnership in pre-partnership area","content":"### sec.16 Discrimination by proposed partnership in pre-partnership area\n\nSix or more people who propose to form themselves into a partnership must not discriminate—\nin deciding who should be invited to become a partner; or\nin the terms on which a person is invited to become a partner.\n- (a) in deciding who should be invited to become a partner; or\n- (b) in the terms on which a person is invited to become a partner.","sortOrder":17},{"sectionNumber":"sec.17","sectionType":"section","heading":"Discrimination by existing partnership in pre-partnership area","content":"### sec.17 Discrimination by existing partnership in pre-partnership area\n\nA partner in a partnership that consists of 6 or more people must not discriminate—\nin deciding who should be invited to become a partner; or\nin the terms on which a person is invited to become a partner.\n- (a) in deciding who should be invited to become a partner; or\n- (b) in the terms on which a person is invited to become a partner.","sortOrder":18},{"sectionNumber":"sec.18","sectionType":"section","heading":"Discrimination by existing partnership in partnership area","content":"### sec.18 Discrimination by existing partnership in partnership area\n\nA partner in a partnership that consists of 6 or more people must not discriminate—\nin any variation of the terms of the partnership; or\nin denying or limiting access by another partner to any benefit arising from the partnership; or\nin expelling another partner from the partnership; or\nby treating another partner unfavourably in any way in connection with the partnership.\ns 18 amd 2024 No. 47 s 3 sch 1 (uncommenced amendment)\n- (a) in any variation of the terms of the partnership; or\n- (b) in denying or limiting access by another partner to any benefit arising from the partnership; or\n- (c) in expelling another partner from the partnership; or\n- (d) by treating another partner unfavourably in any way in connection with the partnership.","sortOrder":19},{"sectionNumber":"sec.19","sectionType":"section","heading":"Discrimination by industrial, professional, trade or business organisation in pre-membership area","content":"### sec.19 Discrimination by industrial, professional, trade or business organisation in pre-membership area\n\nAn organisation of workers, employers, or people who carry on an industry, profession, trade or business must not discriminate—\nin failing to accept a person’s application for membership of the organisation; or\nin the arrangements made for deciding who may join; or\nin deciding who may join; or\nin the terms on which a person may join.\nSubsection (1) does not apply to discrimination on the basis of trade union activity if the Industrial Relations Act 2016 , chapter 12 , part 9 , division 2 or part 10 applies.\ns 19 amd 1999 No. 33 s 747 sch 3 ; 2016 No. 63 s 1157 sch 6\namd 2024 No. 47 s 8 (uncommenced amendment)\n(sec.19-ssec.1) An organisation of workers, employers, or people who carry on an industry, profession, trade or business must not discriminate— in failing to accept a person’s application for membership of the organisation; or in the arrangements made for deciding who may join; or in deciding who may join; or in the terms on which a person may join.\n(sec.19-ssec.2) Subsection (1) does not apply to discrimination on the basis of trade union activity if the Industrial Relations Act 2016 , chapter 12 , part 9 , division 2 or part 10 applies.\n- (a) in failing to accept a person’s application for membership of the organisation; or\n- (b) in the arrangements made for deciding who may join; or\n- (c) in deciding who may join; or\n- (d) in the terms on which a person may join.","sortOrder":20},{"sectionNumber":"sec.20","sectionType":"section","heading":"Discrimination by industrial, professional, trade or business organisation in membership area","content":"### sec.20 Discrimination by industrial, professional, trade or business organisation in membership area\n\nAn organisation of workers, employers, or people who carry on an industry, profession, trade or business must not discriminate—\nin any variation of the terms of membership of the organisation; or\nin denying or limiting access to any benefit arising from the membership; or\nin depriving a person of membership; or\nby treating a person unfavourably in any way in connection with the membership.\nSubsection (1) does not apply to discrimination on the basis of trade union activity if the Industrial Relations Act 2016 , chapter 12 , part 9 , division 2 or part 10 applies.\ns 20 amd 1999 No. 33 s 747 sch 3 ; 2016 No. 63 s 1157 sch 6\namd 2024 No. 47 ss 3 sch 1 , 9 (uncommenced amendment)\n(sec.20-ssec.1) An organisation of workers, employers, or people who carry on an industry, profession, trade or business must not discriminate— in any variation of the terms of membership of the organisation; or in denying or limiting access to any benefit arising from the membership; or in depriving a person of membership; or by treating a person unfavourably in any way in connection with the membership.\n(sec.20-ssec.2) Subsection (1) does not apply to discrimination on the basis of trade union activity if the Industrial Relations Act 2016 , chapter 12 , part 9 , division 2 or part 10 applies.\n- (a) in any variation of the terms of membership of the organisation; or\n- (b) in denying or limiting access to any benefit arising from the membership; or\n- (c) in depriving a person of membership; or\n- (d) by treating a person unfavourably in any way in connection with the membership.","sortOrder":21},{"sectionNumber":"sec.21","sectionType":"section","heading":"Discrimination by qualifying body in pre-qualification area","content":"### sec.21 Discrimination by qualifying body in pre-qualification area\n\nA 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—\nin granting, renewing or extending a qualification or authorisation or failing to do so; or\nin the terms on which a qualification or authorisation is granted, renewed or extended.\ns 21 amd 2024 No. 47 s 10 (uncommenced amendment)\n- (a) in granting, renewing or extending a qualification or authorisation or failing to do so; or\n- (b) in the terms on which a qualification or authorisation is granted, renewed or extended.","sortOrder":22},{"sectionNumber":"sec.22","sectionType":"section","heading":"Discrimination by qualifying body in qualification area","content":"### sec.22 Discrimination by qualifying body in qualification area\n\nA 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—\nin any variation of the terms on which a qualification or authorisation was granted, renewed or extended; or\nin revoking or withdrawing a qualification or authorisation or failing to do so; or\nby treating the other person unfavourably in any way in connection with the grant, renewal or extension of a qualification or authorisation.\ns 22 amd 2024 No. 47 ss 3 sch 1 , 11 (uncommenced amendment)\n- (a) in any variation of the terms on which a qualification or authorisation was granted, renewed or extended; or\n- (b) in revoking or withdrawing a qualification or authorisation or failing to do so; or\n- (c) by treating the other person unfavourably in any way in connection with the grant, renewal or extension of a qualification or authorisation.","sortOrder":23},{"sectionNumber":"sec.23","sectionType":"section","heading":"Discrimination in employment agency area","content":"### sec.23 Discrimination in employment agency area\n\nA person who carries on a business (whether or not for reward or profit) of introducing people seeking work to employers must not discriminate—\nby failing to supply a service of the business, whether to a person seeking work or an employer seeking a worker; or\nin the terms on which a service is offered or supplied; or\nin the way in which a service is supplied; or\nby treating a person seeking work or an employer seeking a worker unfavourably in any way in connection with a service.\ns 23 amd 2024 No. 47 s 3 sch 1 (uncommenced amendment)\n- (a) by failing to supply a service of the business, whether to a person seeking work or an employer seeking a worker; or\n- (b) in the terms on which a service is offered or supplied; or\n- (c) in the way in which a service is supplied; or\n- (d) by treating a person seeking work or an employer seeking a worker unfavourably in any way in connection with a service.","sortOrder":24},{"sectionNumber":"sec.24","sectionType":"section","heading":"Explanatory provision (exemptions)","content":"### sec.24 Explanatory provision (exemptions)\n\nIt is not unlawful to discriminate in the work or work-related area if an exemption in sections 25 to 36 or part 5 applies.","sortOrder":25},{"sectionNumber":"sec.25","sectionType":"section","heading":"Genuine occupational requirements","content":"### sec.25 Genuine occupational requirements\n\nA person may impose genuine occupational requirements for a position.\nselecting an actor for a dramatic performance on the basis of age, race or sex for reasons of authenticity\nusing 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\nconsidering only women applicants for a position involving body searches of women\nemploying persons of a particular religion to teach in a school established for students of the particular religion\nSubsection (3) applies in relation to—\nwork for an educational institution (an employer ) under the direction or control of a body established for religious purposes; or\nany 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.\nIt 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—\nthe person openly acts in a way that the person knows or ought reasonably to know is contrary to the employer’s religious beliefs—\nduring a selection process; or\nin the course of the person’s work; or\nin doing something connected with the person’s work; and\nA 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.\nit 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.\nSubsection (3) does not authorise the seeking of information contrary to section 124 .\nFor subsection (3) , whether the discrimination is not unreasonable depends on all the circumstances of the case, including, for example, the following—\nwhether the action taken or proposed to be taken by the employer is harsh or unjust or disproportionate to the person’s actions;\nthe consequences for both the person and the employer should the discrimination happen or not happen.\nSubsection (3) does not apply to discrimination on the basis of age, race or impairment.\nTo 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.\nIn this section—\nreligion includes religious affiliation, beliefs and activities.\nselection process means a process the purpose of which is to consider whether to offer a person work.\ns 25 amd 2002 No. 74 s 15\n(sec.25-ssec.1) A person may impose genuine occupational requirements for a position. selecting an actor for a dramatic performance on the basis of age, race or sex for reasons of authenticity 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 considering only women applicants for a position involving body searches of women employing persons of a particular religion to teach in a school established for students of the particular religion\n(sec.25-ssec.2) Subsection (3) applies in relation to— work for an educational institution (an employer ) under the direction or control of a body established for religious purposes; or 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.\n(sec.25-ssec.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— the person openly acts in a way that the person knows or ought reasonably to know is contrary to the employer’s religious beliefs— during a selection process; or in the course of the person’s work; or in doing something connected with the person’s work; and 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. 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.\n(sec.25-ssec.4) Subsection (3) does not authorise the seeking of information contrary to section 124 .\n(sec.25-ssec.5) For subsection (3) , whether the discrimination is not unreasonable depends on all the circumstances of the case, including, for example, the following— whether the action taken or proposed to be taken by the employer is harsh or unjust or disproportionate to the person’s actions; the consequences for both the person and the employer should the discrimination happen or not happen.\n(sec.25-ssec.6) Subsection (3) does not apply to discrimination on the basis of age, race or impairment.\n(sec.25-ssec.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.\n(sec.25-ssec.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.\n- (a) work for an educational institution (an employer ) under the direction or control of a body established for religious purposes; or\n- (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.\n- (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.\n- (i) during a selection process; or\n- (ii) in the course of the person’s work; or\n- (iii) in doing something connected with the person’s work; and\n- (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.\n- (i) during a selection process; or\n- (ii) in the course of the person’s work; or\n- (iii) in doing something connected with the person’s work; and\n- (a) whether the action taken or proposed to be taken by the employer is harsh or unjust or disproportionate to the person’s actions;\n- (b) the consequences for both the person and the employer should the discrimination happen or not happen.","sortOrder":26},{"sectionNumber":"sec.26","sectionType":"section","heading":"Residential domestic services","content":"### sec.26 Residential domestic services\n\nIt is not unlawful for a person to discriminate—\nin the arrangements made for deciding who should be offered work; or\nin deciding who should be offered work; or\nin failing to offer work; or\nin dismissing a worker;\nif the work is to perform domestic services at the person’s home.\nSubsection (1) does not apply to discrimination on the basis of race.\n(sec.26-ssec.1) It is not unlawful for a person to discriminate— in the arrangements made for deciding who should be offered work; or in deciding who should be offered work; or in failing to offer work; or in dismissing a worker; if the work is to perform domestic services at the person’s home.\n(sec.26-ssec.2) Subsection (1) does not apply to discrimination on the basis of race.\n- (a) in the arrangements made for deciding who should be offered work; or\n- (b) in deciding who should be offered work; or\n- (c) in failing to offer work; or\n- (d) in dismissing a worker;","sortOrder":27},{"sectionNumber":"sec.27","sectionType":"section","heading":"Residential childcare services","content":"### sec.27 Residential childcare services\n\nIt is not unlawful for a person to discriminate—\nin the arrangements made for deciding who should be offered work; or\nin deciding who should be offered work; or\nin failing to offer work; or\nin dismissing a worker;\nif the work is to care for the person’s children at the person’s home.\nSubsection (1) does not apply to discrimination on the basis of race.\n(sec.27-ssec.1) It is not unlawful for a person to discriminate— in the arrangements made for deciding who should be offered work; or in deciding who should be offered work; or in failing to offer work; or in dismissing a worker; if the work is to care for the person’s children at the person’s home.\n(sec.27-ssec.2) Subsection (1) does not apply to discrimination on the basis of race.\n- (a) in the arrangements made for deciding who should be offered work; or\n- (b) in deciding who should be offered work; or\n- (c) in failing to offer work; or\n- (d) in dismissing a worker;","sortOrder":28},{"sectionNumber":"sec.28","sectionType":"section","heading":null,"content":"### Section sec.28\n\ns 28 amd 2002 No. 74 s 16\nom 2023 No. 17 s 153","sortOrder":29},{"sectionNumber":"sec.29","sectionType":"section","heading":null,"content":"### Section sec.29\n\ns 29 om 2002 No. 74 s 17","sortOrder":30},{"sectionNumber":"sec.30","sectionType":"section","heading":"Single sex accommodation","content":"### sec.30 Single sex accommodation\n\nIt 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—\nthe accommodation is not equipped with separate sleeping accommodation for people of each sex; and\nthe accommodation is already occupied by a person or people of one sex and is not occupied by anyone of the opposite sex; and\nthe supply of separate sleeping accommodation for people of each sex would impose unjustifiable hardship on the first person.\nWhether 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—\nthe nature of the accommodation; and\nthe cost of supplying the separate sleeping accommodation and the number of people who would benefit or be disadvantaged; and\nthe financial circumstances of the person; and\nthe disruption that supplying the separate sleeping accommodation might cause; and\nthe nature of any benefit or detriment to all people concerned.\n(sec.30-ssec.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— the accommodation is not equipped with separate sleeping accommodation for people of each sex; and the accommodation is already occupied by a person or people of one sex and is not occupied by anyone of the opposite sex; and the supply of separate sleeping accommodation for people of each sex would impose unjustifiable hardship on the first person.\n(sec.30-ssec.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— the nature of the accommodation; and the cost of supplying the separate sleeping accommodation and the number of people who would benefit or be disadvantaged; and the financial circumstances of the person; and the disruption that supplying the separate sleeping accommodation might cause; and the nature of any benefit or detriment to all people concerned.\n- (a) the accommodation is not equipped with separate sleeping accommodation for people of each sex; and\n- (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\n- (c) the supply of separate sleeping accommodation for people of each sex would impose unjustifiable hardship on the first person.\n- (a) the nature of the accommodation; and\n- (b) the cost of supplying the separate sleeping accommodation and the number of people who would benefit or be disadvantaged; and\n- (c) the financial circumstances of the person; and\n- (d) the disruption that supplying the separate sleeping accommodation might cause; and\n- (e) the nature of any benefit or detriment to all people concerned.","sortOrder":31},{"sectionNumber":"sec.31","sectionType":"section","heading":"Workers are to be married couple","content":"### sec.31 Workers are to be married couple\n\nIt is not unlawful for a person to discriminate on the basis of relationship status—\nin the arrangements made for deciding who should be offered work; or\nin deciding who should be offered work; or\nin the terms of work that is offered; or\nin failing to offer work; or\nin dismissing a worker;\nif—\nthe work is for one of 2 positions that the person wants held concurrently by—\na married couple; or\n2 persons each of whom is the de facto partner of the other; or\n2 persons each of whom is the civil partner of the other; and\nthe workers are required to live in accommodation supplied by the person.\ns 31 amd 2002 No. 74 s 90 sch ; 2011 No. 46 s 42 ; 2012 No. 12 s 59 sch ; 2015 No. 33 s 52 (3) sch pt 3\n- (a) in the arrangements made for deciding who should be offered work; or\n- (b) in deciding who should be offered work; or\n- (c) in the terms of work that is offered; or\n- (d) in failing to offer work; or\n- (e) in dismissing a worker;\n- (f) the work is for one of 2 positions that the person wants held concurrently by— (i) a married couple; or (ii) 2 persons each of whom is the de facto partner of the other; or (iii) 2 persons each of whom is the civil partner of the other; and\n- (i) a married couple; or\n- (ii) 2 persons each of whom is the de facto partner of the other; or\n- (iii) 2 persons each of whom is the civil partner of the other; and\n- (g) the workers are required to live in accommodation supplied by the person.\n- (i) a married couple; or\n- (ii) 2 persons each of whom is the de facto partner of the other; or\n- (iii) 2 persons each of whom is the civil partner of the other; and","sortOrder":32},{"sectionNumber":"sec.32","sectionType":"section","heading":"Retiring age for partners","content":"### sec.32 Retiring age for partners\n\nIt 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—\nmust not be more than a specified age; or\nmust retire from a partnership at a specified age.\nIt 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—\nmust not be more than a specified age; or\nmust retire from a partnership at a specified age.\ns 32 amd 1992 No. 59 s 3\nsub 1994 No. 29 s 7\namd 1999 No. 33 s 747 sch 3 ; 2010 No. 42 s 214 sch ; 2016 No. 63 s 1157 sch 6\n(sec.32-ssec.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— must not be more than a specified age; or must retire from a partnership at a specified age.\n(sec.32-ssec.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— must not be more than a specified age; or must retire from a partnership at a specified age.\n- (a) must not be more than a specified age; or\n- (b) must retire from a partnership at a specified age.\n- (a) must not be more than a specified age; or\n- (b) must retire from a partnership at a specified age.","sortOrder":33},{"sectionNumber":"sec.33","sectionType":"section","heading":"Youth wages","content":"### sec.33 Youth wages\n\nA person may remunerate a worker who is under 21 years of age according to the worker’s age.","sortOrder":34},{"sectionNumber":"sec.34","sectionType":"section","heading":"Special terms if job capacity is restricted by impairment","content":"### sec.34 Special terms if job capacity is restricted by impairment\n\nA person may fix reasonable terms in relation to the holder or prospective holder of a position who, because of an impairment—\nhas a restricted capacity to do work genuinely and reasonably required for the position; or\nrequires special conditions in order to be able to do the work.\n- (a) has a restricted capacity to do work genuinely and reasonably required for the position; or\n- (b) requires special conditions in order to be able to do the work.","sortOrder":35},{"sectionNumber":"sec.35","sectionType":"section","heading":"Special services or facilities required","content":"### sec.35 Special services or facilities required\n\nIt 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—\nthe other person would require special services or facilities; and\nthe supply of special services or facilities would impose unjustifiable hardship on the first person.\nWhether the supply of special services or facilities would impose unjustifiable hardship depends on the circumstances set out in section 5 .\n(sec.35-ssec.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 other person would require special services or facilities; and the supply of special services or facilities would impose unjustifiable hardship on the first person.\n(sec.35-ssec.2) Whether the supply of special services or facilities would impose unjustifiable hardship depends on the circumstances set out in section 5 .\n- (a) the other person would require special services or facilities; and\n- (b) the supply of special services or facilities would impose unjustifiable hardship on the first person.","sortOrder":36},{"sectionNumber":"sec.36","sectionType":"section","heading":"Circumstances of impairment","content":"### sec.36 Circumstances of impairment\n\nIt 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.\nWhether the circumstances of the impairment would impose unjustifiable hardship on a person depends on all the relevant circumstances of the case, including, for example—\nthe nature of the impairment; and\nthe nature of the work or partnership.\n(sec.36-ssec.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.\n(sec.36-ssec.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— the nature of the impairment; and the nature of the work or partnership.\n- (a) the nature of the impairment; and\n- (b) the nature of the work or partnership.","sortOrder":37},{"sectionNumber":"ch.2-pt.4-div.3","sectionType":"division","heading":"Education area","content":"## Education area","sortOrder":38},{"sectionNumber":"sec.37","sectionType":"section","heading":"Explanatory provision (prohibitions)","content":"### sec.37 Explanatory provision (prohibitions)\n\nAn educational authority must not discriminate in the education area if a prohibition in section 38 or 39 applies.","sortOrder":39},{"sectionNumber":"sec.38","sectionType":"section","heading":"Discrimination by educational authority in prospective student area","content":"### sec.38 Discrimination by educational authority in prospective student area\n\nAn educational authority must not discriminate—\nin failing to accept a person’s application for admission as a student; or\nin the way in which a person’s application is processed; or\nin the arrangements made for, or the criteria used in, deciding who should be offered admission as a student; or\nin the terms on which a person is admitted as a student.\n- (a) in failing to accept a person’s application for admission as a student; or\n- (b) in the way in which a person’s application is processed; or\n- (c) in the arrangements made for, or the criteria used in, deciding who should be offered admission as a student; or\n- (d) in the terms on which a person is admitted as a student.","sortOrder":40},{"sectionNumber":"sec.39","sectionType":"section","heading":"Discrimination by educational authority in student area","content":"### sec.39 Discrimination by educational authority in student area\n\nAn educational authority must not discriminate—\nin any variation of the terms of a student’s enrolment; or\nby denying or limiting access to any benefit arising from the enrolment that is supplied by the authority; or\nby excluding a student; or\nby treating a student unfavourably in any way in connection with the student’s training or instruction.\ns 39 amd 2024 No. 47 s 3 sch 1 (uncommenced amendment)\n- (a) in any variation of the terms of a student’s enrolment; or\n- (b) by denying or limiting access to any benefit arising from the enrolment that is supplied by the authority; or\n- (c) by excluding a student; or\n- (d) by treating a student unfavourably in any way in connection with the student’s training or instruction.","sortOrder":41},{"sectionNumber":"sec.40","sectionType":"section","heading":"Explanatory provision (exemptions)","content":"### sec.40 Explanatory provision (exemptions)\n\nIt 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.","sortOrder":42},{"sectionNumber":"sec.41","sectionType":"section","heading":"Single sex, religion, etc. educational institution","content":"### sec.41 Single sex, religion, etc. educational institution\n\nAn 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—\napplicants who are not of the particular sex or religion; or\napplicants who do not have a general, or the specific, impairment.\n- (a) applicants who are not of the particular sex or religion; or\n- (b) applicants who do not have a general, or the specific, impairment.","sortOrder":43},{"sectionNumber":"sec.42","sectionType":"section","heading":null,"content":"### Section sec.42\n\ns 42 om 2002 No. 4 s 18","sortOrder":44},{"sectionNumber":"sec.43","sectionType":"section","heading":"Age-based admission scheme","content":"### sec.43 Age-based admission scheme\n\nAn educational authority may select students for an education program on the basis of an admission scheme that has a minimum qualifying age.","sortOrder":45},{"sectionNumber":"sec.44","sectionType":"section","heading":"Special services or facilities required","content":"### sec.44 Special services or facilities required\n\nSubject 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—\nthe person would require special services or facilities; and\nthe supply of special services or facilities would impose unjustifiable hardship on the educational authority.\nWhether the supply of special services or facilities would impose unjustifiable hardship depends on the circumstances set out in section 5 .\ns 44 amd 2006 No. 39 s 512 (1) sch 1\n(sec.44-ssec.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— the person would require special services or facilities; and the supply of special services or facilities would impose unjustifiable hardship on the educational authority.\n(sec.44-ssec.2) Whether the supply of special services or facilities would impose unjustifiable hardship depends on the circumstances set out in section 5 .\n- (a) the person would require special services or facilities; and\n- (b) the supply of special services or facilities would impose unjustifiable hardship on the educational authority.","sortOrder":46},{"sectionNumber":"ch.2-pt.4-div.4","sectionType":"division","heading":"Goods and services area","content":"## Goods and services area","sortOrder":47},{"sectionNumber":"sec.45","sectionType":"section","heading":"Explanatory provision (prohibition)","content":"### sec.45 Explanatory provision (prohibition)\n\nA person must not discriminate in the goods and services area if the prohibition in section 46 applies.\nThis subdivision does not apply to discrimination in connection with superannuation or insurance.\nDiscrimination in connection with superannuation or insurance is dealt with in sections 52 to 75 .\n(sec.45-ssec.1) A person must not discriminate in the goods and services area if the prohibition in section 46 applies.\n(sec.45-ssec.2) This subdivision does not apply to discrimination in connection with superannuation or insurance.\n(sec.45-ssec.3) Discrimination in connection with superannuation or insurance is dealt with in sections 52 to 75 .","sortOrder":48},{"sectionNumber":"sec.45A","sectionType":"section","heading":null,"content":"### Section sec.45A\n\ns 45A ins 2002 No. 74 s 19\namd 2002 No. 74 s 90 sch\nom 2024 No. 46 s 155","sortOrder":49},{"sectionNumber":"sec.46","sectionType":"section","heading":"Discrimination in goods and services area","content":"### sec.46 Discrimination in goods and services area\n\nA person who supplies goods or services (whether or not for reward or profit) must not discriminate against another person—\nby failing to supply the goods or services; or\nin the terms on which goods or services are supplied; or\nin the way in which goods or services are supplied; or\nby treating the other person unfavourably in any way in connection with the supply of goods and services.\nIn this section, a reference to a person who supplies goods and services does not include an association that—\nis established for social, literary, cultural, political, sporting, athletic, recreational, community service or any other similar lawful purposes; and\ndoes not carry out its purposes for the purpose of making a profit.\ns 46 amd 2024 No. 47 s 3 sch 1 (uncommenced amendment)\n(sec.46-ssec.1) A person who supplies goods or services (whether or not for reward or profit) must not discriminate against another person— by failing to supply the goods or services; or in the terms on which goods or services are supplied; or in the way in which goods or services are supplied; or by treating the other person unfavourably in any way in connection with the supply of goods and services.\n(sec.46-ssec.2) In this section, a reference to a person who supplies goods and services does not include an association that— is established for social, literary, cultural, political, sporting, athletic, recreational, community service or any other similar lawful purposes; and does not carry out its purposes for the purpose of making a profit.\n- (a) by failing to supply the goods or services; or\n- (b) in the terms on which goods or services are supplied; or\n- (c) in the way in which goods or services are supplied; or\n- (d) by treating the other person unfavourably in any way in connection with the supply of goods and services.\n- (a) is established for social, literary, cultural, political, sporting, athletic, recreational, community service or any other similar lawful purposes; and\n- (b) does not carry out its purposes for the purpose of making a profit.","sortOrder":50},{"sectionNumber":"sec.47","sectionType":"section","heading":"Explanatory provision (exemptions)","content":"### sec.47 Explanatory provision (exemptions)\n\nIt is not unlawful to discriminate in the goods and services area if an exemption in sections 48 to 51 or part 5 applies.","sortOrder":51},{"sectionNumber":"sec.48","sectionType":"section","heading":"Sites of cultural or religious significance","content":"### sec.48 Sites of cultural or religious significance\n\nA 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—\nis in accordance with the culture concerned or the doctrine of the religion concerned; and\nis necessary to avoid offending the cultural or religious sensitivities of people of the culture or religion.\n- (a) is in accordance with the culture concerned or the doctrine of the religion concerned; and\n- (b) is necessary to avoid offending the cultural or religious sensitivities of people of the culture or religion.","sortOrder":52},{"sectionNumber":"sec.49","sectionType":"section","heading":"Age-based benefits","content":"### sec.49 Age-based benefits\n\nA person may supply benefits and concessions on the basis of age with respect to a matter that is otherwise prohibited under subdivision 1 .\nA bus operator may give travel concessions to people under the age of 12 or over the age of 70.\nThe Government may supply, on an age basis, Seniors’ Cards that give entitlements to concessions.","sortOrder":53},{"sectionNumber":"sec.50","sectionType":"section","heading":"Children to be accompanied by an adult","content":"### sec.50 Children to be accompanied by an adult\n\nA 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.\nThe operator of a rifle range may require a minor who wants to use the range to be accompanied by an adult.","sortOrder":54},{"sectionNumber":"sec.51","sectionType":"section","heading":"Special services or facilities required","content":"### sec.51 Special services or facilities required\n\nIt 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—\nthe other person would require special services or facilities; and\nthe supply of special services or facilities would impose unjustifiable hardship on the person supplying the goods or services.\nWhether the supply of special services or facilities would impose unjustifiable hardship depends on the circumstances set out in section 5 .\n(sec.51-ssec.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 other person would require special services or facilities; and the supply of special services or facilities would impose unjustifiable hardship on the person supplying the goods or services.\n(sec.51-ssec.2) Whether the supply of special services or facilities would impose unjustifiable hardship depends on the circumstances set out in section 5 .\n- (a) the other person would require special services or facilities; and\n- (b) the supply of special services or facilities would impose unjustifiable hardship on the person supplying the goods or services.","sortOrder":55},{"sectionNumber":"ch.2-pt.4-div.5","sectionType":"division","heading":"Superannuation area","content":"## Superannuation area","sortOrder":56},{"sectionNumber":"sec.52","sectionType":"section","heading":"Explanatory provision (prohibitions)","content":"### sec.52 Explanatory provision (prohibitions)\n\nA person must not discriminate in the superannuation area if a prohibition in sections 53 to 57 applies.","sortOrder":57},{"sectionNumber":"sec.53","sectionType":"section","heading":"Discrimination in superannuation area (goods and services)","content":"### sec.53 Discrimination in superannuation area (goods and services)\n\nA person must not discriminate—\nby failing to supply superannuation; or\nin the terms on which superannuation is supplied; or\nin the way in which superannuation is supplied.\n- (a) by failing to supply superannuation; or\n- (b) in the terms on which superannuation is supplied; or\n- (c) in the way in which superannuation is supplied.","sortOrder":58},{"sectionNumber":"sec.54","sectionType":"section","heading":"Discrimination in superannuation area (pre-work)","content":"### sec.54 Discrimination in superannuation area (pre-work)\n\nA 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.","sortOrder":59},{"sectionNumber":"sec.55","sectionType":"section","heading":"Discrimination in superannuation area (work)","content":"### sec.55 Discrimination in superannuation area (work)\n\nA person must not discriminate against another person who works for the person—\nin any variation of the terms of the work that relate to superannuation; or\nin denying or limiting the other person’s access to any benefit to a worker that relates to superannuation; or\nby treating the other person unfavourably in any way in connection with superannuation.\ns 55 amd 2024 No. 47 s 3 sch 1 (uncommenced amendment)\n- (a) in any variation of the terms of the work that relate to superannuation; or\n- (b) in denying or limiting the other person’s access to any benefit to a worker that relates to superannuation; or\n- (c) by treating the other person unfavourably in any way in connection with superannuation.","sortOrder":60},{"sectionNumber":"sec.56","sectionType":"section","heading":"Discrimination in superannuation area (pre-partnership)","content":"### sec.56 Discrimination in superannuation area (pre-partnership)\n\nA 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.","sortOrder":61},{"sectionNumber":"sec.57","sectionType":"section","heading":"Discrimination in superannuation area (partnership)","content":"### sec.57 Discrimination in superannuation area (partnership)\n\nA partner in a partnership that consists of 6 or more people must not discriminate against another partner—\nin any variation of the terms of the partnership that relate to superannuation; or\nin denying or limiting the other partner’s access to any benefit arising from the partnership that relates to superannuation; or\nby treating the other partner unfavourably in any way in connection with superannuation.\ns 57 amd 2024 No. 47 s 3 sch 1 (uncommenced amendment)\n- (a) in any variation of the terms of the partnership that relate to superannuation; or\n- (b) in denying or limiting the other partner’s access to any benefit arising from the partnership that relates to superannuation; or\n- (c) by treating the other partner unfavourably in any way in connection with superannuation.","sortOrder":62},{"sectionNumber":"sec.58","sectionType":"section","heading":"Explanatory provision (exemptions)","content":"### sec.58 Explanatory provision (exemptions)\n\nIt is not unlawful to discriminate in the superannuation area if an exemption in sections 59 to 65 or part 5 applies.","sortOrder":63},{"sectionNumber":"sec.59","sectionType":"section","heading":"Commonwealth exemption (sex or relationship status)","content":"### sec.59 Commonwealth exemption (sex or relationship status)\n\nIt 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) .\ns 59 amd 2002 No. 74 s 90 sch","sortOrder":64},{"sectionNumber":"sec.60","sectionType":"section","heading":"Retention of existing superannuation fund conditions (age or impairment)","content":"### sec.60 Retention of existing superannuation fund conditions (age or impairment)\n\nIt 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 .\nIn this section—\nexisting superannuation fund condition means a superannuation fund condition in existence at the commencement of section 53 .\n(sec.60-ssec.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 .\n(sec.60-ssec.2) In this section— existing superannuation fund condition means a superannuation fund condition in existence at the commencement of section 53 .","sortOrder":65},{"sectionNumber":"sec.61","sectionType":"section","heading":"New superannuation fund conditions—actuarial or statistical data (age or impairment)","content":"### sec.61 New superannuation fund conditions—actuarial or statistical data (age or impairment)\n\nIt 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—\nwhether the superannuation fund was in existence before the commencement of section 53 ; and\nwhen the other person became, or becomes, a member of the fund;\nif—\nthe condition is based on reasonable actuarial or statistical data from a source on which it is reasonable for the person to rely; and\nthe condition is reasonable having regard to the data and any other relevant factors.\n- (a) whether the superannuation fund was in existence before the commencement of section 53 ; and\n- (b) when the other person became, or becomes, a member of the fund;\n- (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\n- (d) the condition is reasonable having regard to the data and any other relevant factors.","sortOrder":66},{"sectionNumber":"sec.62","sectionType":"section","heading":"New superannuation fund conditions—other data (age or impairment)","content":"### sec.62 New superannuation fund conditions—other data (age or impairment)\n\nIt 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—\nwhether the superannuation fund was in existence before the commencement of section 53 ; and\nwhen the other person became, or becomes, a member of the fund;\nif—\nthere is no reasonable actuarial or statistical data from a source on which it is reasonable for the person to rely; and\nthe condition is based on other reasonable data from a source on which it is reasonable for the person to rely; and\nthe condition is reasonable having regard to the other data and any other relevant factors.\n- (a) whether the superannuation fund was in existence before the commencement of section 53 ; and\n- (b) when the other person became, or becomes, a member of the fund;\n- (c) there is no reasonable actuarial or statistical data from a source on which it is reasonable for the person to rely; and\n- (d) the condition is based on other reasonable data from a source on which it is reasonable for the person to rely; and\n- (e) the condition is reasonable having regard to the other data and any other relevant factors.","sortOrder":67},{"sectionNumber":"sec.63","sectionType":"section","heading":"New superannuation fund conditions—no data (age or impairment)","content":"### sec.63 New superannuation fund conditions—no data (age or impairment)\n\nIt 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—\nwhether the superannuation fund was in existence before the commencement of section 53 ; and\nwhen the other person became, or becomes, a member of the fund;\nif—\nthere is no reasonable actuarial, statistical or other data from a source on which it is reasonable for the person to rely; and\nthe condition is reasonable having regard to any other relevant factors.\n- (a) whether the superannuation fund was in existence before the commencement of section 53 ; and\n- (b) when the other person became, or becomes, a member of the fund;\n- (c) there is no reasonable actuarial, statistical or other data from a source on which it is reasonable for the person to rely; and\n- (d) the condition is reasonable having regard to any other relevant factors.","sortOrder":68},{"sectionNumber":"sec.64","sectionType":"section","heading":"Application of Commonwealth occupational superannuation standard","content":"### sec.64 Application of Commonwealth occupational superannuation standard\n\nIt 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) .\ns 64 amd 1994 No. 29 s 8 ; 2002 No. 34 s 74 sch 6","sortOrder":69},{"sectionNumber":"sec.65","sectionType":"section","heading":"Compliance etc. with Commonwealth legislation","content":"### sec.65 Compliance etc. with Commonwealth legislation\n\nIt 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—\nto comply with a Commonwealth Act (other than the Superannuation Industry (Supervision) Act 1993 ); or\nto obtain a benefit or avoid a penalty under such an Act.\ns 65 amd 1994 No. 29 s 9 ; 2002 No. 34 s 74 sch 6\n- (a) to comply with a Commonwealth Act (other than the Superannuation Industry (Supervision) Act 1993 ); or\n- (b) to obtain a benefit or avoid a penalty under such an Act.","sortOrder":70},{"sectionNumber":"ch.2-pt.4-div.6","sectionType":"division","heading":"Insurance area","content":"## Insurance area","sortOrder":71},{"sectionNumber":"sec.66","sectionType":"section","heading":"Explanatory provision (prohibitions)","content":"### sec.66 Explanatory provision (prohibitions)\n\nA person must not discriminate in the insurance area if a prohibition in sections 67 to 71 applies.","sortOrder":72},{"sectionNumber":"sec.67","sectionType":"section","heading":"Discrimination in insurance area (goods and services)","content":"### sec.67 Discrimination in insurance area (goods and services)\n\nA person must not discriminate—\nby failing to supply insurance; or\nin the terms on which insurance is supplied; or\nin the way in which insurance is supplied.\n- (a) by failing to supply insurance; or\n- (b) in the terms on which insurance is supplied; or\n- (c) in the way in which insurance is supplied.","sortOrder":73},{"sectionNumber":"sec.68","sectionType":"section","heading":"Discrimination in insurance area (pre-work)","content":"### sec.68 Discrimination in insurance area (pre-work)\n\nA 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.","sortOrder":74},{"sectionNumber":"sec.69","sectionType":"section","heading":"Discrimination in insurance area (work)","content":"### sec.69 Discrimination in insurance area (work)\n\nA person must not discriminate against another person who works for the person—\nin any variation of the terms of the work that relate to insurance; or\nin denying or limiting the other person’s access to any benefit to a worker that relates to insurance; or\nby treating the person unfavourably in any way in connection with insurance.\ns 69 amd 2024 No. 47 s 3 sch 1 (uncommenced amendment)\n- (a) in any variation of the terms of the work that relate to insurance; or\n- (b) in denying or limiting the other person’s access to any benefit to a worker that relates to insurance; or\n- (c) by treating the person unfavourably in any way in connection with insurance.","sortOrder":75},{"sectionNumber":"sec.70","sectionType":"section","heading":"Discrimination in insurance area (pre-partnership)","content":"### sec.70 Discrimination in insurance area (pre-partnership)\n\nA 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.","sortOrder":76},{"sectionNumber":"sec.71","sectionType":"section","heading":"Discrimination in insurance area (partnership)","content":"### sec.71 Discrimination in insurance area (partnership)\n\nA partner in a partnership that consists of 6 or more people must not discriminate against another partner—\nin any variation of the terms of the partnership that relate to insurance; or\nin denying or limiting the other partner’s access to any benefit arising from the partnership that relates to insurance; or\nby treating the other partner unfavourably in any way in connection with insurance.\ns 71 amd 2024 No. 47 s 3 sch 1 (uncommenced amendment)\n- (a) in any variation of the terms of the partnership that relate to insurance; or\n- (b) in denying or limiting the other partner’s access to any benefit arising from the partnership that relates to insurance; or\n- (c) by treating the other partner unfavourably in any way in connection with insurance.","sortOrder":77},{"sectionNumber":"sec.72","sectionType":"section","heading":"Explanatory provision (exemptions)","content":"### sec.72 Explanatory provision (exemptions)\n\nIt is not unlawful to discriminate in the insurance area if an exemption in sections 73 to 75 or part 5 applies.","sortOrder":78},{"sectionNumber":"sec.73","sectionType":"section","heading":"Commonwealth exemption (sex)","content":"### sec.73 Commonwealth exemption (sex)\n\nIt 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) .","sortOrder":79},{"sectionNumber":"sec.74","sectionType":"section","heading":"Actuarial or statistical data (age or impairment)","content":"### sec.74 Actuarial or statistical data (age or impairment)\n\nIt 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—\nis based on reasonable actuarial or statistical data from a source on which it is reasonable for the person to rely; and\nis reasonable having regard to the data and any other relevant factors.\n- (a) is based on reasonable actuarial or statistical data from a source on which it is reasonable for the person to rely; and\n- (b) is reasonable having regard to the data and any other relevant factors.","sortOrder":80},{"sectionNumber":"sec.75","sectionType":"section","heading":"No actuarial or statistical data (age or impairment)","content":"### sec.75 No actuarial or statistical data (age or impairment)\n\nIt 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—\nthere is no reasonable actuarial or statistical data from a source on which it is reasonable for the person to rely; and\nthe discrimination is reasonable having regard to any other relevant factors.\n- (a) there is no reasonable actuarial or statistical data from a source on which it is reasonable for the person to rely; and\n- (b) the discrimination is reasonable having regard to any other relevant factors.","sortOrder":81},{"sectionNumber":"ch.2-pt.4-div.7","sectionType":"division","heading":"Disposition of land area","content":"## Disposition of land area","sortOrder":82},{"sectionNumber":"sec.76","sectionType":"section","heading":"Explanatory provision (prohibition)","content":"### sec.76 Explanatory provision (prohibition)\n\nA person must not discriminate in the disposition of land area if the prohibition in section 77 applies.","sortOrder":83},{"sectionNumber":"sec.77","sectionType":"section","heading":"Discrimination in disposition of land area","content":"### sec.77 Discrimination in disposition of land area\n\nA person must not discriminate against another person—\nby failing to dispose of an interest in land to the other person; or\nin the terms on which an interest in land is offered to the other person.\n- (a) by failing to dispose of an interest in land to the other person; or\n- (b) in the terms on which an interest in land is offered to the other person.","sortOrder":84},{"sectionNumber":"sec.78","sectionType":"section","heading":"Explanatory provision (exemptions)","content":"### sec.78 Explanatory provision (exemptions)\n\nIt is not unlawful to discriminate in the disposition of land area if an exemption in section 79 or 80 or part 5 applies.","sortOrder":85},{"sectionNumber":"sec.79","sectionType":"section","heading":"Disposition by will or gift","content":"### sec.79 Disposition by will or gift\n\nIt 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.","sortOrder":86},{"sectionNumber":"sec.80","sectionType":"section","heading":"Sites of cultural or religious significance","content":"### sec.80 Sites of cultural or religious significance\n\nIt 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—\nthe relevant interest in land is an interest in land or a building of cultural or religious significance; and\nthe discrimination—\nis in accordance with the culture concerned or the doctrine of the religion concerned; and\nis necessary to avoid offending the cultural or religious sensitivities of people of the culture or religion.\n- (a) the relevant interest in land is an interest in land or a building of cultural or religious significance; and\n- (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.\n- (i) is in accordance with the culture concerned or the doctrine of the religion concerned; and\n- (ii) is necessary to avoid offending the cultural or religious sensitivities of people of the culture or religion.\n- (i) is in accordance with the culture concerned or the doctrine of the religion concerned; and\n- (ii) is necessary to avoid offending the cultural or religious sensitivities of people of the culture or religion.","sortOrder":87},{"sectionNumber":"ch.2-pt.4-div.8","sectionType":"division","heading":"Accommodation area","content":"## Accommodation area","sortOrder":88},{"sectionNumber":"sec.81","sectionType":"section","heading":"Explanatory provision (prohibitions)","content":"### sec.81 Explanatory provision (prohibitions)\n\nA person must not discriminate in the accommodation area if a prohibition in sections 82 to 85 applies.","sortOrder":89},{"sectionNumber":"sec.82","sectionType":"section","heading":"Discrimination in pre-accommodation area","content":"### sec.82 Discrimination in pre-accommodation area\n\nA person must not discriminate against another person—\nby failing to accept an application for accommodation; or\nby failing to renew or extend the supply of accommodation; or\nin the way in which an application is processed; or\nin the terms on which accommodation is offered, renewed or extended.\n- (a) by failing to accept an application for accommodation; or\n- (b) by failing to renew or extend the supply of accommodation; or\n- (c) in the way in which an application is processed; or\n- (d) in the terms on which accommodation is offered, renewed or extended.","sortOrder":90},{"sectionNumber":"sec.83","sectionType":"section","heading":"Discrimination in accommodation area","content":"### sec.83 Discrimination in accommodation area\n\nA person must not discriminate against another person—\nin any variation of the terms on which accommodation is supplied; or\nin denying or limiting access to any benefit associated with the accommodation; or\nin evicting the other person from the accommodation; or\nby treating the other person unfavourably in any way in connection with the accommodation.\ns 83 amd 2024 No. 47 s 3 sch 1 (uncommenced amendment)\n- (a) in any variation of the terms on which accommodation is supplied; or\n- (b) in denying or limiting access to any benefit associated with the accommodation; or\n- (c) in evicting the other person from the accommodation; or\n- (d) by treating the other person unfavourably in any way in connection with the accommodation.","sortOrder":91},{"sectionNumber":"sec.84","sectionType":"section","heading":"Discrimination by refusing to allow reasonable alterations","content":"### sec.84 Discrimination by refusing to allow reasonable alterations\n\nA 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—\nthe alteration is at the expense of the other person; and\nthe alteration does not require an alteration to the premises of another occupier; and\nthe action required to restore the accommodation to its previous condition is reasonably practicable; and\nthe 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.\n- (a) the alteration is at the expense of the other person; and\n- (b) the alteration does not require an alteration to the premises of another occupier; and\n- (c) the action required to restore the accommodation to its previous condition is reasonably practicable; and\n- (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.","sortOrder":92},{"sectionNumber":"sec.85","sectionType":"section","heading":"Discrimination by refusing to allow guide, hearing or assistance dog","content":"### sec.85 Discrimination by refusing to allow guide, hearing or assistance dog\n\nA person must not discriminate by doing any of the following—\nrefusing to rent accommodation to another person because the other person has an impairment and relies on a guide, hearing or assistance dog;\nrequiring the other person to keep the dog elsewhere;\nrequesting or requiring the other person to pay an extra charge because the dog lives at the accommodation.\nThis section does not affect the liability of the person with the dog for any damage caused by the dog.\ns 85 amd 2009 No. 4 s 124 (1) sch 2\n(sec.85-ssec.1) A person must not discriminate by doing any of the following— refusing to rent accommodation to another person because the other person has an impairment and relies on a guide, hearing or assistance dog; requiring the other person to keep the dog elsewhere; requesting or requiring the other person to pay an extra charge because the dog lives at the accommodation.\n(sec.85-ssec.2) This section does not affect the liability of the person with the dog for any damage caused by the dog.\n- (a) refusing to rent accommodation to another person because the other person has an impairment and relies on a guide, hearing or assistance dog;\n- (b) requiring the other person to keep the dog elsewhere;\n- (c) requesting or requiring the other person to pay an extra charge because the dog lives at the accommodation.","sortOrder":93},{"sectionNumber":"sec.86","sectionType":"section","heading":"Explanatory provision (exemptions)","content":"### sec.86 Explanatory provision (exemptions)\n\nIt is not unlawful to discriminate in the accommodation area if an exemption in sections 87 to 92 or part 5 applies.","sortOrder":94},{"sectionNumber":"sec.87","sectionType":"section","heading":"Shared accommodation","content":"### sec.87 Shared accommodation\n\nIt is not unlawful for a person to discriminate in deciding who is to reside in accommodation that—\nforms part of, and is intended to continue to form part of, the main home of the person or a near relative; and\nis for no more than 3 people other than a person mentioned in paragraph (a) or near relatives of such a person.\n- (a) forms part of, and is intended to continue to form part of, the main home of the person or a near relative; and\n- (b) is for no more than 3 people other than a person mentioned in paragraph (a) or near relatives of such a person.","sortOrder":95},{"sectionNumber":"sec.88","sectionType":"section","heading":"Accommodation for workers","content":"### sec.88 Accommodation for workers\n\nA person who supplies accommodation for the person’s workers may provide accommodation of different standards to different workers if—\nit is not reasonable to expect the person to supply accommodation of the same standard for all workers; and\nthe standard of the accommodation supplied to each worker is determined having regard to—\nthe number of people in the worker’s household; or\nthe class of work performed, or the nature of the position held, by the worker.\n- (a) it is not reasonable to expect the person to supply accommodation of the same standard for all workers; and\n- (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.\n- (i) the number of people in the worker’s household; or\n- (ii) the class of work performed, or the nature of the position held, by the worker.\n- (i) the number of people in the worker’s household; or\n- (ii) the class of work performed, or the nature of the position held, by the worker.","sortOrder":96},{"sectionNumber":"sec.89","sectionType":"section","heading":"Accommodation for students","content":"### sec.89 Accommodation for students\n\nAn 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—\nstudents of the particular sex or religion; or\nstudents who have a general, or the specific, impairment.\n- (a) students of the particular sex or religion; or\n- (b) students who have a general, or the specific, impairment.","sortOrder":97},{"sectionNumber":"sec.90","sectionType":"section","heading":"Accommodation with religious purposes","content":"### sec.90 Accommodation with religious purposes\n\nIt is not unlawful to discriminate with respect to a matter that is otherwise prohibited under subdivision 1 if—\nthe accommodation concerned is under the direction or control of a body established for religious purposes; and\nthe discrimination—\nis in accordance with the doctrine of the religion concerned; and\nis necessary to avoid offending the religious sensitivities of people of the religion.\n- (a) the accommodation concerned is under the direction or control of a body established for religious purposes; and\n- (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.\n- (i) is in accordance with the doctrine of the religion concerned; and\n- (ii) is necessary to avoid offending the religious sensitivities of people of the religion.\n- (i) is in accordance with the doctrine of the religion concerned; and\n- (ii) is necessary to avoid offending the religious sensitivities of people of the religion.","sortOrder":98},{"sectionNumber":"sec.91","sectionType":"section","heading":"Accommodation with charitable purposes","content":"### sec.91 Accommodation with charitable purposes\n\nIt 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—\nthe accommodation concerned is under the direction or control of a body established for charitable purposes; and\nthe discrimination is in accordance with the particular purposes for which the accommodation was established by the body.\ns 91 amd 2002 No. 74 s 90 sch\n- (a) the accommodation concerned is under the direction or control of a body established for charitable purposes; and\n- (b) the discrimination is in accordance with the particular purposes for which the accommodation was established by the body.","sortOrder":99},{"sectionNumber":"sec.92","sectionType":"section","heading":"Special services or facilities required","content":"### sec.92 Special services or facilities required\n\nA person may discriminate on the basis of impairment against another person with respect to a matter that is otherwise prohibited under subdivision 1 if—\nthe other person would require special services or facilities; and\nthe supply of special services or facilities would impose unjustifiable hardship on the first person.\nWhether the supply of special services or facilities would impose unjustifiable hardship depends on the circumstances set out in section 5 .\n(sec.92-ssec.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— the other person would require special services or facilities; and the supply of special services or facilities would impose unjustifiable hardship on the first person.\n(sec.92-ssec.2) Whether the supply of special services or facilities would impose unjustifiable hardship depends on the circumstances set out in section 5 .\n- (a) the other person would require special services or facilities; and\n- (b) the supply of special services or facilities would impose unjustifiable hardship on the first person.","sortOrder":100},{"sectionNumber":"ch.2-pt.4-div.9","sectionType":"division","heading":"Club membership and affairs area","content":"## Club membership and affairs area","sortOrder":101},{"sectionNumber":"sec.93","sectionType":"section","heading":"Explanatory provision (prohibitions)","content":"### sec.93 Explanatory provision (prohibitions)\n\nA club must not discriminate in the club membership and affairs area if a prohibition in section 94 or 95 applies.","sortOrder":102},{"sectionNumber":"sec.94","sectionType":"section","heading":"Discrimination by club in prospective membership area","content":"### sec.94 Discrimination by club in prospective membership area\n\nA club must not discriminate—\nin determining the terms of a particular category or type of membership of the club; or\nin failing to accept a person’s application for membership of the club; or\nin the way in which a person’s application is processed; or\nin the arrangements made for deciding who should be offered membership; or\nin the terms on which a person is admitted as a member.\n- (a) in determining the terms of a particular category or type of membership of the club; or\n- (b) in failing to accept a person’s application for membership of the club; or\n- (c) in the way in which a person’s application is processed; or\n- (d) in the arrangements made for deciding who should be offered membership; or\n- (e) in the terms on which a person is admitted as a member.","sortOrder":103},{"sectionNumber":"sec.95","sectionType":"section","heading":"Discrimination by club in membership and affairs area","content":"### sec.95 Discrimination by club in membership and affairs area\n\nA club must not discriminate—\nin any variation of the terms of membership of the club; or\nin failing to accept a member’s application for a different category or type of membership; or\nby denying or limiting access to any benefit, arising from membership, that is supplied by the club; or\nin depriving a member of membership; or\nby treating a member unfavourably in any way in connection with the membership or the affairs of the club.\ns 95 amd 2024 No. 47 s 3 sch 1 (uncommenced amendment)\n- (a) in any variation of the terms of membership of the club; or\n- (b) in failing to accept a member’s application for a different category or type of membership; or\n- (c) by denying or limiting access to any benefit, arising from membership, that is supplied by the club; or\n- (d) in depriving a member of membership; or\n- (e) by treating a member unfavourably in any way in connection with the membership or the affairs of the club.","sortOrder":104},{"sectionNumber":"sec.96","sectionType":"section","heading":"Explanatory provision (exemptions)","content":"### sec.96 Explanatory provision (exemptions)\n\nIt is not unlawful to discriminate in the club membership and affairs area if an exemption in sections 97 to 100 or part 5 applies.","sortOrder":105},{"sectionNumber":"sec.97","sectionType":"section","heading":"Club established for minority cultures and disadvantaged people","content":"### sec.97 Club established for minority cultures and disadvantaged people\n\nA 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—\nto preserve a minority culture; or\nto prevent or reduce disadvantage suffered by people of that group.\n- (a) to preserve a minority culture; or\n- (b) to prevent or reduce disadvantage suffered by people of that group.","sortOrder":106},{"sectionNumber":"sec.98","sectionType":"section","heading":"Reasonable sex discrimination permitted","content":"### sec.98 Reasonable sex discrimination permitted\n\nIt 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—\nit is not practicable for males and females to enjoy the benefit at the same time; and\neither of the following subparagraphs apply—\naccess to the same or an equivalent benefit is supplied for the use of males and females separately;\naccess arrangements offer males and females a reasonably equivalent opportunity to enjoy the benefit.\ns 98 amd 2010 No. 42 s 214 sch\n- (a) it is not practicable for males and females to enjoy the benefit at the same time; and\n- (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; (ii) access arrangements offer males and females a reasonably equivalent opportunity to enjoy the benefit.\n- (i) access to the same or an equivalent benefit is supplied for the use of males and females separately;\n- (ii) access arrangements offer males and females a reasonably equivalent opportunity to enjoy the benefit.\n- (i) access to the same or an equivalent benefit is supplied for the use of males and females separately;\n- (ii) access arrangements offer males and females a reasonably equivalent opportunity to enjoy the benefit.","sortOrder":107},{"sectionNumber":"sec.99","sectionType":"section","heading":"Reasonable risk of injury","content":"### sec.99 Reasonable risk of injury\n\nA 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.","sortOrder":108},{"sectionNumber":"sec.100","sectionType":"section","heading":"Special services or facilities required","content":"### sec.100 Special services or facilities required\n\nIt is not unlawful for a club to discriminate on the basis of impairment in failing to accept a person’s application for membership if—\nthe person would require special services or facilities; and\nthe supply of special services or facilities would impose unjustifiable hardship on the club.\nWhether the supply of special services or facilities would impose unjustifiable hardship depends on the circumstances set out in section 5 .\n(sec.100-ssec.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— the person would require special services or facilities; and the supply of special services or facilities would impose unjustifiable hardship on the club.\n(sec.100-ssec.2) Whether the supply of special services or facilities would impose unjustifiable hardship depends on the circumstances set out in section 5 .\n- (a) the person would require special services or facilities; and\n- (b) the supply of special services or facilities would impose unjustifiable hardship on the club.","sortOrder":109},{"sectionNumber":"ch.2-pt.4-div.10","sectionType":"division","heading":"Administration of State laws and programs area","content":"## Administration of State laws and programs area","sortOrder":110},{"sectionNumber":"sec.101","sectionType":"section","heading":"Discrimination in administration of State laws and programs area","content":"### sec.101 Discrimination in administration of State laws and programs area\n\nA person who—\nperforms any function or exercises any power under State law or for the purposes of a State Government program; or\nhas any other responsibility for the administration of State law or the conduct of a State Government program;\nmust not discriminate in—\nthe performance of the function; or\nthe exercise of the power; or\nthe carrying out of the responsibility.\n- (a) performs any function or exercises any power under State law or for the purposes of a State Government program; or\n- (b) has any other responsibility for the administration of State law or the conduct of a State Government program;\n- (c) the performance of the function; or\n- (d) the exercise of the power; or\n- (e) the carrying out of the responsibility.","sortOrder":111},{"sectionNumber":"ch.2-pt.4-div.11","sectionType":"division","heading":"Local government area","content":"## Local government area","sortOrder":112},{"sectionNumber":"sec.102","sectionType":"section","heading":"Discrimination by local government member","content":"### sec.102 Discrimination by local government member\n\nA member of a local authority must not discriminate against another member in the performance of official functions.\nSubsection (1) does not apply to discrimination on the basis of political belief or activity.\n(sec.102-ssec.1) A member of a local authority must not discriminate against another member in the performance of official functions.\n(sec.102-ssec.2) Subsection (1) does not apply to discrimination on the basis of political belief or activity.","sortOrder":113},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":"General exemptions for discrimination","content":"# General exemptions for discrimination","sortOrder":114},{"sectionNumber":"sec.103","sectionType":"section","heading":"Explanatory provision (exemptions)","content":"### sec.103 Explanatory provision (exemptions)\n\nIt 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.","sortOrder":115},{"sectionNumber":"sec.104","sectionType":"section","heading":"Welfare measures","content":"### sec.104 Welfare measures\n\nA 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.\nIt 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.\nIt is not unlawful to restrict special accommodation to women who have been victims of domestic violence or to frail, older people.\nIt is not unlawful to establish a high security patrolled car park exclusively for women that would reduce the likelihood of physical attacks.","sortOrder":116},{"sectionNumber":"sec.105","sectionType":"section","heading":"Equal opportunity measures","content":"### sec.105 Equal opportunity measures\n\nA 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.\nSubsection (1) applies only until the purpose of equal opportunity has been achieved.\n(sec.105-ssec.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.\n(sec.105-ssec.2) Subsection (1) applies only until the purpose of equal opportunity has been achieved.","sortOrder":117},{"sectionNumber":"sec.106","sectionType":"section","heading":"Acts done in compliance with legislation etc.","content":"### sec.106 Acts done in compliance with legislation etc.\n\nA person may do an act that is necessary to comply with, or is specifically authorised by—\nan existing provision of another Act; or\nan order of a court; or\nan existing provision of an order or award of a court or tribunal having power to fix minimum wages and other terms of employment; or\nan existing provision of an industrial agreement under the repealed Industrial Relations Act 1999 ; or\nan order of the Anti-Discrimination Tribunal.\nIn this section—\nexisting provision means a provision in existence at the commencement of this section.\ns 106 amd 2016 No. 63 s 1157 sch 6\nsub 2024 No. 47 s 13 (uncommenced amendment)\n(sec.106-ssec.1) A person may do an act that is necessary to comply with, or is specifically authorised by— an existing provision of another Act; or an order of a court; or 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 an existing provision of an industrial agreement under the repealed Industrial Relations Act 1999 ; or an order of the Anti-Discrimination Tribunal.\n(sec.106-ssec.2) In this section— existing provision means a provision in existence at the commencement of this section.\n- (a) an existing provision of another Act; or\n- (b) an order of a court; or\n- (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\n- (d) an existing provision of an industrial agreement under the repealed Industrial Relations Act 1999 ; or\n- (e) an order of the Anti-Discrimination Tribunal.","sortOrder":118},{"sectionNumber":"sec.106A","sectionType":"section","heading":"Compulsory retirement age under legislation etc.","content":"### sec.106A Compulsory retirement age under legislation etc.\n\nThis Act has no effect on the imposition of a compulsory retirement age on—\na Supreme Court judge; or\na District Court judge; or\na magistrate; or\na member of the Land Court; or\nthe president, the vice-president or a deputy president (court) of the Industrial Court; or\na deputy president appointed under the Industrial Relations Act 2016 , section 441 or an industrial commissioner; or\na fire officer within the meaning of the Fire Services Act 1990 ; or\na police officer; or\na director of a public company or subsidiary of a public company; or\nanother person prescribed by regulation.\nSubsection (1) applies if the compulsory retirement age is imposed on or before 30 June 1994 under—\nan Act; or\nan industrial instrument under the Industrial Relations Act 2016 ; or\na policy, standard or other instrument of a previous unit of the public sector applying to an employee of the unit.\nIf 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.\nIn this section—\nprevious 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 .\ns 106A ins 1994 No. 29 s 10\namd 1996 No. 37 s 147 sch 2 ; 1999 No. 33 s 747 sch 3 ; 2001 No. 35 s 7 ; 2002 No. 34 s 74 sch 6 ; 2007 No. 37 s 5 sch ; 2008 No. 67 s 109 ; 2010 No. 19 s 4 ; 2013 No. 29 s 59B ; 2014 No. 17 s 184 sch 1 pt 2 ; 2016 No. 63 s 1157 sch 6 ; 2024 No. 22 s 92 sch 1\n(sec.106A-ssec.1) This Act has no effect on the imposition of a compulsory retirement age on— a Supreme Court judge; or a District Court judge; or a magistrate; or a member of the Land Court; or the president, the vice-president or a deputy president (court) of the Industrial Court; or a deputy president appointed under the Industrial Relations Act 2016 , section 441 or an industrial commissioner; or a fire officer within the meaning of the Fire Services Act 1990 ; or a police officer; or a director of a public company or subsidiary of a public company; or another person prescribed by regulation.\n(sec.106A-ssec.2) Subsection (1) applies if the compulsory retirement age is imposed on or before 30 June 1994 under— an Act; or an industrial instrument under the Industrial Relations Act 2016 ; or a policy, standard or other instrument of a previous unit of the public sector applying to an employee of the unit.\n(sec.106A-ssec.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.\n(sec.106A-ssec.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 .\n- (a) a Supreme Court judge; or\n- (b) a District Court judge; or\n- (c) a magistrate; or\n- (d) a member of the Land Court; or\n- (e) the president, the vice-president or a deputy president (court) of the Industrial Court; or\n- (f) a deputy president appointed under the Industrial Relations Act 2016 , section 441 or an industrial commissioner; or\n- (h) a fire officer within the meaning of the Fire Services Act 1990 ; or\n- (k) a police officer; or\n- (m) a director of a public company or subsidiary of a public company; or\n- (n) another person prescribed by regulation.\n- (a) an Act; or\n- (b) an industrial instrument under the Industrial Relations Act 2016 ; or\n- (c) a policy, standard or other instrument of a previous unit of the public sector applying to an employee of the unit.","sortOrder":119},{"sectionNumber":"sec.106B","sectionType":"section","heading":"Citizenship or visa requirements imposed under State government policies etc.","content":"### sec.106B Citizenship or visa requirements imposed under State government policies etc.\n\nThis Act does not apply in relation to—\nthe inclusion of a prescribed eligibility provision in a relevant policy; or\nthe performance of a function by a person in connection with a prescribed eligibility provision.\nIn this section, a reference to performing a function includes a reference to exercising a power or carrying out a responsibility.\nIn this section—\ngovernment entity —\nmeans an entity mentioned in the Public Sector Act 2022 , section 276 (1) ; but\ndoes not include—\na GOC, other than to the extent the GOC is directed to perform an obligation under the Government Owned Corporations Act 1993 or another Act; or\nan entity mentioned in the Public Sector Act 2022 , section 276 (2) (a) , (b) , (c) , (d) , (e) , (f) , (g) , (i) or (j) .\nprescribed eligibility provision , of a relevant policy, means—\na provision requiring that a person must have a particular citizenship or visa status to be eligible for financial or other assistance, services or support under the policy; or\na provision under which persons who have a particular citizenship or visa status are treated more favourably than other persons in relation to their eligibility for financial or other assistance, services or support under the policy.\nrelevant policy means a policy of a government entity—\nthat relates to any area of activity set out in part 4 ; and\nunder which persons are provided with financial or other assistance, services or support.\nvisa see the Migration Act 1958 (Cwlth) , section 5 .\ns 106B ins 2012 No. 41 s 50\namd 2022 No. 34 s 365 sch 3\n(sec.106B-ssec.1) This Act does not apply in relation to— the inclusion of a prescribed eligibility provision in a relevant policy; or the performance of a function by a person in connection with a prescribed eligibility provision.\n(sec.106B-ssec.2) In this section, a reference to performing a function includes a reference to exercising a power or carrying out a responsibility.\n(sec.106B-ssec.3) In this section— government entity — means an entity mentioned in the Public Sector Act 2022 , section 276 (1) ; but does not include— a GOC, other than to the extent the GOC is directed to perform an obligation under the Government Owned Corporations Act 1993 or another Act; or an entity mentioned in the Public Sector Act 2022 , section 276 (2) (a) , (b) , (c) , (d) , (e) , (f) , (g) , (i) or (j) . prescribed eligibility provision , of a relevant policy, means— a provision requiring that a person must have a particular citizenship or visa status to be eligible for financial or other assistance, services or support under the policy; or a provision under which persons who have a particular citizenship or visa status are treated more favourably than other persons in relation to their eligibility for financial or other assistance, services or support under the policy. relevant policy means a policy of a government entity— that relates to any area of activity set out in part 4 ; and under which persons are provided with financial or other assistance, services or support. visa see the Migration Act 1958 (Cwlth) , section 5 .\n- (a) the inclusion of a prescribed eligibility provision in a relevant policy; or\n- (b) the performance of a function by a person in connection with a prescribed eligibility provision.\n- (a) means an entity mentioned in the Public Sector Act 2022 , section 276 (1) ; but\n- (b) does not include— (i) a GOC, other than to the extent the GOC is directed to perform an obligation under the Government Owned Corporations Act 1993 or another Act; or (ii) an entity mentioned in the Public Sector Act 2022 , section 276 (2) (a) , (b) , (c) , (d) , (e) , (f) , (g) , (i) or (j) .\n- (i) a GOC, other than to the extent the GOC is directed to perform an obligation under the Government Owned Corporations Act 1993 or another Act; or\n- (ii) an entity mentioned in the Public Sector Act 2022 , section 276 (2) (a) , (b) , (c) , (d) , (e) , (f) , (g) , (i) or (j) .\n- (i) a GOC, other than to the extent the GOC is directed to perform an obligation under the Government Owned Corporations Act 1993 or another Act; or\n- (ii) an entity mentioned in the Public Sector Act 2022 , section 276 (2) (a) , (b) , (c) , (d) , (e) , (f) , (g) , (i) or (j) .\n- (a) a provision requiring that a person must have a particular citizenship or visa status to be eligible for financial or other assistance, services or support under the policy; or\n- (b) a provision under which persons who have a particular citizenship or visa status are treated more favourably than other persons in relation to their eligibility for financial or other assistance, services or support under the policy.\n- (a) that relates to any area of activity set out in part 4 ; and\n- (b) under which persons are provided with financial or other assistance, services or support.","sortOrder":120},{"sectionNumber":"sec.106C","sectionType":"section","heading":null,"content":"### Section sec.106C\n\ns 106C ins 2012 No. 41 s 50\nom 2024 No. 23 s 5","sortOrder":121},{"sectionNumber":"sec.107","sectionType":"section","heading":"Public health","content":"### sec.107 Public health\n\nA person may do an act that is reasonably necessary to protect public health.","sortOrder":122},{"sectionNumber":"sec.108","sectionType":"section","heading":"Workplace health and safety","content":"### sec.108 Workplace health and safety\n\nA person may do an act that is reasonably necessary to protect the health and safety of people at a place of work.","sortOrder":123},{"sectionNumber":"sec.109","sectionType":"section","heading":"Religious bodies","content":"### sec.109 Religious bodies\n\nThe Act does not apply in relation to—\nthe ordination or appointment of priests, ministers of religion or members of a religious order; or\nthe training or education of people seeking ordination or appointment as priests, ministers of religion or members of a religious order; or\nthe selection or appointment of people to perform functions in relation to, or otherwise participate in, any religious observance or practice; or\nunless section 90 (Accommodation with religious purposes) applies—an act by a body established for religious purposes if the act is—\nin accordance with the doctrine of the religion concerned; and\nnecessary to avoid offending the religious sensitivities of people of the religion.\nAn exemption under subsection (1) (d) does not apply in the work or work-related area or in the education area.\ns 109 amd 2002 No. 74 s 20\n(sec.109-ssec.1) The Act does not apply in relation to— the ordination or appointment of priests, ministers of religion or members of a religious order; or the training or education of people seeking ordination or appointment as priests, ministers of religion or members of a religious order; or the selection or appointment of people to perform functions in relation to, or otherwise participate in, any religious observance or practice; or unless section 90 (Accommodation with religious purposes) applies—an act by a body established for religious purposes if the act is— in accordance with the doctrine of the religion concerned; and necessary to avoid offending the religious sensitivities of people of the religion.\n(sec.109-ssec.2) An exemption under subsection (1) (d) does not apply in the work or work-related area or in the education area.\n- (a) the ordination or appointment of priests, ministers of religion or members of a religious order; or\n- (b) the training or education of people seeking ordination or appointment as priests, ministers of religion or members of a religious order; or\n- (c) the selection or appointment of people to perform functions in relation to, or otherwise participate in, any religious observance or practice; or\n- (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.\n- (i) in accordance with the doctrine of the religion concerned; and\n- (ii) necessary to avoid offending the religious sensitivities of people of the religion.\n- (i) in accordance with the doctrine of the religion concerned; and\n- (ii) necessary to avoid offending the religious sensitivities of people of the religion.","sortOrder":124},{"sectionNumber":"sec.110","sectionType":"section","heading":"Charities","content":"### sec.110 Charities\n\nA 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.","sortOrder":125},{"sectionNumber":"sec.111","sectionType":"section","heading":"Sport","content":"### sec.111 Sport\n\nA person may restrict participation in a competitive sporting activity—\nto either males or females, if the restriction is reasonable having regard to the strength, stamina or physique requirements of the activity; or\nto people who can effectively compete; or\nto people of a specified age or age group; or\nto people with a specific or general impairment.\nSubsection (1) (a) does not apply to a sporting activity for children who are less than 12 years of age.\nSubsection (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.\nIn this section—\ncompetitive sporting activity does not include—\nthe coaching of people engaged in a sporting activity; or\nthe umpiring or refereeing of a sporting activity; or\nthe administration of a sporting activity; or\na sporting activity prescribed by regulation.\ns 111 amd 2002 No. 74 s 21\n(sec.111-ssec.1) A person may restrict participation in a competitive sporting activity— to either males or females, if the restriction is reasonable having regard to the strength, stamina or physique requirements of the activity; or to people who can effectively compete; or to people of a specified age or age group; or to people with a specific or general impairment.\n(sec.111-ssec.2) Subsection (1) (a) does not apply to a sporting activity for children who are less than 12 years of age.\n(sec.111-ssec.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.\n(sec.111-ssec.4) In this section— competitive sporting activity does not include— the coaching of people engaged in a sporting activity; or the umpiring or refereeing of a sporting activity; or the administration of a sporting activity; or a sporting activity prescribed by regulation.\n- (a) to either males or females, if the restriction is reasonable having regard to the strength, stamina or physique requirements of the activity; or\n- (b) to people who can effectively compete; or\n- (c) to people of a specified age or age group; or\n- (d) to people with a specific or general impairment.\n- (a) the coaching of people engaged in a sporting activity; or\n- (b) the umpiring or refereeing of a sporting activity; or\n- (c) the administration of a sporting activity; or\n- (d) a sporting activity prescribed by regulation.","sortOrder":126},{"sectionNumber":"sec.112","sectionType":"section","heading":"Legal incapacity","content":"### sec.112 Legal incapacity\n\nA 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.\nIt 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.\ns 112 amd 1992 No. 36 s 2 sch 2 ; 2000 No. 8 s 263 sch 3","sortOrder":127},{"sectionNumber":"sec.113","sectionType":"section","heading":"Tribunal","content":"### sec.113 Tribunal\n\nThe tribunal, on application by—\na person, on the person’s own behalf, or on behalf of the person and another person or other people; or\n2 or more people, on their own behalf, or on behalf of themselves and another person or other people; or\na person or people included in a class of people on behalf of the people in that class;\nmay grant an exemption to the person, people or class of people from the operation of a specified provision of the Act .\nSee also section 174C in relation to the tribunal’s powers for deciding the application.\nBefore deciding an application, the tribunal must—\ngive the commissioner a copy of the application and a copy of the material filed in support of the application; and\nhave regard to any submission made by the commissioner on the application, including a submission on the process for considering the application.\nMatters the commissioner may make a submission on in relation to the process for considering an application include, but are not limited to, the following—\nwhether the application should be considered by way of public hearing;\nidentification of persons who may be affected by a decision to grant the application;\nwhether the public should be consulted;\nhow consultation with identified persons or the public should be conducted.\nThe commissioner must give a copy of a written submission the commissioner makes on an application to the applicant.\nThe tribunal may request that the commissioner—\ninquire into an application; and\nreport to the tribunal the results of the inquiry and a recommendation about the application.\nAn exemption—\nmay be granted subject to such terms as the tribunal provides; and\nmay be granted so that it applies only in such circumstances, or in connection with such activities, as the tribunal determines; and\nis to be granted for a specified period of not more than 5 years.\nAn 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.\ns 113 amd 2005 No. 70 s 18 ; 2009 No. 24 s 1326; 2016 No. 63   s 1089\n(sec.113-ssec.1) The tribunal, on application by— a person, on the person’s own behalf, or on behalf of the person and another person or other people; or 2 or more people, on their own behalf, or on behalf of themselves and another person or other people; or 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 . See also section 174C in relation to the tribunal’s powers for deciding the application.\n(sec.113-ssec.2) Before deciding an application, the tribunal must— give the commissioner a copy of the application and a copy of the material filed in support 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.\n(sec.113-ssec.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— whether the application should be considered by way of public hearing; identification of persons who may be affected by a decision to grant the application; whether the public should be consulted; how consultation with identified persons or the public should be conducted.\n(sec.113-ssec.4) The commissioner must give a copy of a written submission the commissioner makes on an application to the applicant.\n(sec.113-ssec.5) The tribunal may request that the commissioner— inquire into an application; and report to the tribunal the results of the inquiry and a recommendation about the application.\n(sec.113-ssec.6) An exemption— may be granted subject to such terms as the tribunal provides; and may be granted so that it applies only in such circumstances, or in connection with such activities, as the tribunal determines; and is to be granted for a specified period of not more than 5 years.\n(sec.113-ssec.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.\n- (a) a person, on the person’s own behalf, or on behalf of the person and another person or other people; or\n- (b) 2 or more people, on their own behalf, or on behalf of themselves and another person or other people; or\n- (c) a person or people included in a class of people on behalf of the people in that class;\n- (a) give the commissioner a copy of the application and a copy of the material filed in support of the application; and\n- (b) have regard to any submission made by the commissioner on the application, including a submission on the process for considering the application.\n- (a) whether the application should be considered by way of public hearing;\n- (b) identification of persons who may be affected by a decision to grant the application;\n- (c) whether the public should be consulted;\n- (d) how consultation with identified persons or the public should be conducted.\n- (a) inquire into an application; and\n- (b) report to the tribunal the results of the inquiry and a recommendation about the application.\n- (a) may be granted subject to such terms as the tribunal provides; and\n- (b) may be granted so that it applies only in such circumstances, or in connection with such activities, as the tribunal determines; and\n- (c) is to be granted for a specified period of not more than 5 years.","sortOrder":128},{"sectionNumber":"sec.113AA","sectionType":"section","heading":"Transfer of application from industrial relations commission to QCAT","content":"### sec.113AA Transfer of application from industrial relations commission to QCAT\n\nThis section applies if—\nan application is made under section 113 to the industrial relations commission; and\nthe commission considers the exemption sought relates or includes a matter other than a work-related matter.\nFor an application made to QCAT, see the QCAT Act , section 52 in relation to the power to transfer the application.\nThe commission may, by order, transfer the application to QCAT.\nIf the commission makes an order under subsection (2) —\nan application for the exemption is taken to have been made to QCAT when the application mentioned in subsection (1) was referred to the commission; and\nthe commission may make the orders, or give the directions, it considers appropriate to facilitate the transfer, including an order that a party is taken to have complied with the requirements under this Act, the QCAT Act or another law for referring the application to QCAT; and\nQCAT may deal with the application as if the exemption sought did not relate to a work-related matter.\nAn order under subsection (3) (b) has effect despite any other Act or law.\nThe commission may act under subsection (2) or (3) (b) on its own initiative or on application by the applicant.\nIf the commission does not make an order under subsection (2) , the commission may deal with the application as if the exemption sought did not relate to a matter that is not a work-related matter.\ns 113AA ins 2016 No. 63  s 1090\n(sec.113AA-ssec.1) This section applies if— an application is made under section 113 to the industrial relations commission; and the commission considers the exemption sought relates or includes a matter other than a work-related matter. For an application made to QCAT, see the QCAT Act , section 52 in relation to the power to transfer the application.\n(sec.113AA-ssec.2) The commission may, by order, transfer the application to QCAT.\n(sec.113AA-ssec.3) If the commission makes an order under subsection (2) — an application for the exemption is taken to have been made to QCAT when the application mentioned in subsection (1) was referred to the commission; and the commission may make the orders, or give the directions, it considers appropriate to facilitate the transfer, including an order that a party is taken to have complied with the requirements under this Act, the QCAT Act or another law for referring the application to QCAT; and QCAT may deal with the application as if the exemption sought did not relate to a work-related matter.\n(sec.113AA-ssec.4) An order under subsection (3) (b) has effect despite any other Act or law.\n(sec.113AA-ssec.5) The commission may act under subsection (2) or (3) (b) on its own initiative or on application by the applicant.\n(sec.113AA-ssec.6) If the commission does not make an order under subsection (2) , the commission may deal with the application as if the exemption sought did not relate to a matter that is not a work-related matter.\n- (a) an application is made under section 113 to the industrial relations commission; and\n- (b) the commission considers the exemption sought relates or includes a matter other than a work-related matter.\n- (a) an application for the exemption is taken to have been made to QCAT when the application mentioned in subsection (1) was referred to the commission; and\n- (b) the commission may make the orders, or give the directions, it considers appropriate to facilitate the transfer, including an order that a party is taken to have complied with the requirements under this Act, the QCAT Act or another law for referring the application to QCAT; and\n- (c) QCAT may deal with the application as if the exemption sought did not relate to a work-related matter.","sortOrder":129},{"sectionNumber":"sec.113A","sectionType":"section","heading":"Appeal from tribunal decision","content":"### sec.113A Appeal from tribunal decision\n\nThe commissioner, or a person with a relevant interest, may appeal, as provided under the relevant tribunal Act, against the tribunal’s decision on an application mentioned in section 113 .\nFor the appeal, if the commissioner or person was not a party to the application, the commissioner or person is taken to have been a party to it.\ns 113A ins 2009 No. 24 s 1327\namd 2016 No. 63  s 1091\n(sec.113A-ssec.1) The commissioner, or a person with a relevant interest, may appeal, as provided under the relevant tribunal Act, against the tribunal’s decision on an application mentioned in section 113 .\n(sec.113A-ssec.2) For the appeal, if the commissioner or person was not a party to the application, the commissioner or person is taken to have been a party to it.","sortOrder":130},{"sectionNumber":"ch.2-pt.6","sectionType":"part","heading":"Discrimination by worker, agent, member etc. also prohibited","content":"# Discrimination by worker, agent, member etc. also prohibited","sortOrder":131},{"sectionNumber":"sec.114","sectionType":"section","heading":"Discrimination by worker or agent","content":"### sec.114 Discrimination by worker or agent\n\nIf 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.","sortOrder":132},{"sectionNumber":"sec.115","sectionType":"section","heading":"Discrimination by member of industrial, professional, trade or business organisation","content":"### sec.115 Discrimination by member of industrial, professional, trade or business organisation\n\nIf 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.","sortOrder":133},{"sectionNumber":"sec.116","sectionType":"section","heading":"Discrimination by club’s committee of management etc.","content":"### sec.116 Discrimination by club’s committee of management etc.\n\nIf discrimination by a club is unlawful under this chapter, discrimination by—\na committee of management of a club; or\na member of such a committee;\nis also unlawful.\n- (a) a committee of management of a club; or\n- (b) a member of such a committee;","sortOrder":134},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Act’s freedom from sexual harassment purpose","content":"# Act’s freedom from sexual harassment purpose","sortOrder":135},{"sectionNumber":"sec.117","sectionType":"section","heading":"Act’s freedom from sexual harassment purpose and how it is to be achieved","content":"### sec.117 Act’s freedom from sexual harassment purpose and how it is to be achieved\n\nOne of the purposes of the Act is to promote equality of opportunity for everyone by protecting them from sexual harassment.\nThis purpose is to be achieved by—\nprohibiting sexual harassment; and\nallowing a complaint to be made under chapter 7 against a person who has sexually harassed; and\nusing the agencies and procedures established under chapter 7 to deal with the complaint.\ns 117 amd 2024 No. 47 s 16 (uncommenced amendment)\n(sec.117-ssec.1) One of the purposes of the Act is to promote equality of opportunity for everyone by protecting them from sexual harassment.\n(sec.117-ssec.2) This purpose is to be achieved by— prohibiting sexual harassment; and allowing a complaint to be made under chapter 7 against a person who has sexually harassed; and using the agencies and procedures established under chapter 7 to deal with the complaint.\n- (a) prohibiting sexual harassment; and\n- (b) allowing a complaint to be made under chapter 7 against a person who has sexually harassed; and\n- (c) using the agencies and procedures established under chapter 7 to deal with the complaint.","sortOrder":136},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Prohibition of sexual harassment","content":"# Prohibition of sexual harassment","sortOrder":137},{"sectionNumber":"sec.118","sectionType":"section","heading":"Sexual harassment","content":"### sec.118 Sexual harassment\n\nA person must not sexually harass another person.","sortOrder":138},{"sectionNumber":"sec.119","sectionType":"section","heading":"Meaning of sexual harassment","content":"### sec.119 Meaning of sexual harassment\n\nSexual harassment happens if a person—\nsubjects another person to an unsolicited act of physical intimacy; or\nmakes an unsolicited demand or request (whether directly or by implication) for sexual favours from the other person; or\nmakes a remark with sexual connotations relating to the other person; or\nengages in any other unwelcome conduct of a sexual nature in relation to the other person;\nand the person engaging in the conduct described in paragraphs (a) , (b) , (c) or (d) does so—\nwith the intention of offending, humiliating or intimidating the other person; or\nin circumstances where a reasonable person would have anticipated the possibility that the other person would be offended, humiliated or intimidated by the conduct.\nphysical contact such as patting, pinching or touching in a sexual way\nunnecessary familiarity such as deliberately brushing against a person\nsexual propositions\nunwelcome and uncalled for remarks or insinuations about a person’s sex or private life\nsuggestive comments about a person’s appearance or body\noffensive telephone calls\nindecent exposure\ns 119 amd 2017 No. 17 s 10\n- (a) subjects another person to an unsolicited act of physical intimacy; or\n- (b) makes an unsolicited demand or request (whether directly or by implication) for sexual favours from the other person; or\n- (c) makes a remark with sexual connotations relating to the other person; or\n- (d) engages in any other unwelcome conduct of a sexual nature in relation to the other person;\n- (e) with the intention of offending, humiliating or intimidating the other person; or\n- (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.\n- • physical contact such as patting, pinching or touching in a sexual way\n- • unnecessary familiarity such as deliberately brushing against a person\n- • unwelcome and uncalled for remarks or insinuations about a person’s sex or private life\n- • suggestive comments about a person’s appearance or body\n- • offensive telephone calls\n- • indecent exposure","sortOrder":139},{"sectionNumber":"sec.120","sectionType":"section","heading":"Meaning of relevant circumstances","content":"### sec.120 Meaning of relevant circumstances\n\nThe 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—\nthe sex of the other person; and\nthe age of the other person; and\nthe race of the other person; and\nany impairment that the other person has; and\nthe relationship between the other person and the person engaging in the conduct; and\nany other circumstance of the other person.\ns 120 amd 1992 No. 36 s 2 sch 2\namd 2024 No. 47 s 17 (1) (uncommenced amendment)\nrenum and reloc 2024 No. 47 s 17 (2) (uncommenced amendment)\n_____\nch 3 pt 3 hdg ins 2024 No. 47 s 18 (uncommenced amendment)\nch 3 pt 3 div 1 (ss 120–120AA) ins 2024 No. 47 s 18 (uncommenced amendment)\nch 3 pt 3 div 2 (ss 120A–120E) ins 2024 No. 47 s 18 (uncommenced amendment)\n- (a) the sex of the other person; and\n- (b) the age of the other person; and\n- (c) the race of the other person; and\n- (d) any impairment that the other person has; and\n- (e) the relationship between the other person and the person engaging in the conduct; and\n- (f) any other circumstance of the other person.","sortOrder":140},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Act’s freedom from associated objectionable conduct purpose","content":"# Act’s freedom from associated objectionable conduct purpose","sortOrder":141},{"sectionNumber":"sec.121","sectionType":"section","heading":"Act’s freedom from associated objectionable conduct purpose and how it is to be achieved","content":"### sec.121 Act’s freedom from associated objectionable conduct purpose and how it is to be achieved\n\nOne 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 .\nThis purpose is to be achieved by—\nprohibiting certain conduct; and\nallowing a complaint to be made under chapter 7 against a person who has engaged in that conduct; and\nusing the agencies and procedures established under chapter 7 to deal with the complaint.\ns 121 amd 2024 No. 47 s 19 (uncommenced amendment)\n(sec.121-ssec.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 .\n(sec.121-ssec.2) This purpose is to be achieved by— prohibiting certain conduct; and allowing a complaint to be made under chapter 7 against a person who has engaged in that conduct; and using the agencies and procedures established under chapter 7 to deal with the complaint.\n- (a) prohibiting certain conduct; and\n- (b) allowing a complaint to be made under chapter 7 against a person who has engaged in that conduct; and\n- (c) using the agencies and procedures established under chapter 7 to deal with the complaint.","sortOrder":142},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Requesting and encouraging contravention of the Act","content":"# Requesting and encouraging contravention of the Act","sortOrder":143},{"sectionNumber":"sec.122","sectionType":"section","heading":"Request or encouragement of contravention","content":"### sec.122 Request or encouragement of contravention\n\nA person must not request or encourage another person to contravene the Act .","sortOrder":144},{"sectionNumber":"sec.123","sectionType":"section","heading":"Liability for contravention","content":"### sec.123 Liability for contravention\n\nIf—\na person requests or encourages another person to contravene the Act ; and\nthe other person acts, or attempts to act, on the request or encouragement;\nboth are jointly and severally civilly liable for the contravention, and a proceeding under the Act may be taken against either or both.\n- (a) a person requests or encourages another person to contravene the Act ; and\n- (b) the other person acts, or attempts to act, on the request or encouragement;","sortOrder":145},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Unlawful requests for information","content":"# Unlawful requests for information","sortOrder":146},{"sectionNumber":"sec.124","sectionType":"section","heading":"Unnecessary information","content":"### sec.124 Unnecessary information\n\nA person must not ask another person, either orally or in writing, to supply information on which unlawful discrimination might be based.\nSubsection (1) does not apply to a request that is necessary to comply with, or is specifically authorised by—\nan existing provision of another Act; or\nan order of a court; or\nan existing provision of an order or award of a court or tribunal having power to fix minimum wages and other terms of employment; or\nan existing provision of an industrial agreement under the repealed Industrial Relations Act 1999 ; or\nan order of QCAT or the industrial relations commission.\nIt 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.\nIn this section—\nexisting provision means a provision in existence at the commencement of this section.\nAn 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.\ns 124 amd 2009 No. 24 s 1328 ; 2016 No. 63 ss 1092 , 1157 sch 6\namd 2024 No. 47 s 20 (uncommenced amendment)\n(sec.124-ssec.1) A person must not ask another person, either orally or in writing, to supply information on which unlawful discrimination might be based.\n(sec.124-ssec.2) Subsection (1) does not apply to a request that is necessary to comply with, or is specifically authorised by— an existing provision of another Act; or an order of a court; or 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 an existing provision of an industrial agreement under the repealed Industrial Relations Act 1999 ; or an order of QCAT or the industrial relations commission.\n(sec.124-ssec.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.\n(sec.124-ssec.4) In this section— existing provision means a provision in existence at the commencement of this section. 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.\n- (a) an existing provision of another Act; or\n- (b) an order of a court; or\n- (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\n- (d) an existing provision of an industrial agreement under the repealed Industrial Relations Act 1999 ; or\n- (e) an order of QCAT or the industrial relations commission.","sortOrder":147},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Racial and religious vilification","content":"# Racial and religious vilification","sortOrder":148},{"sectionNumber":"sec.124A","sectionType":"section","heading":"Vilification on grounds of race, religion, sexuality, sex characteristics or gender identity unlawful","content":"### sec.124A Vilification on grounds of race, religion, sexuality, sex characteristics or gender identity unlawful\n\nA 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, sex characteristics or gender identity of the person or members of the group.\nSubsection (1) does not make unlawful—\nthe publication of a fair report of a public act mentioned in subsection (1) ; or\nthe publication of material in circumstances in which the publication would be subject to a defence of absolute privilege in proceedings for defamation; or\na 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.\nIn this section—\npublic act —\nincludes—\nany 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\nany conduct that is observable by the public, including actions, gestures and the wearing or display of clothing, signs, flags, emblems or insignia; but\ndoes 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.\ns 124A ins 2001 No. 35 s 8\namd 2002 No. 74 s 22 ; 2023 No. 17 s 154 ; 2023 No. 26 s 5\nsub 2024 No. 47 s 21 (uncommenced amendment)\n_____\nss 124B–124D ins 2024 No. 47 s 21 (uncommenced amendment)\nch 4 pt 5 (ss 124E–124F) ins 2024 No. 47 s 22 (uncommenced amendment)\n(sec.124A-ssec.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, sex characteristics or gender identity of the person or members of the group.\n(sec.124A-ssec.2) Subsection (1) does not make unlawful— the publication of a fair report of a public act mentioned in subsection (1) ; or the publication of material in circumstances in which the publication would be subject to a defence of absolute privilege in proceedings for defamation; or 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.\n(sec.124A-ssec.3) In this section— public act — includes— 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 any conduct that is observable by the public, including actions, gestures and the wearing or display of clothing, signs, flags, emblems or insignia; but 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.\n- (a) the publication of a fair report of a public act mentioned in subsection (1) ; or\n- (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\n- (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.\n- (a) includes— (i) 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 (ii) any conduct that is observable by the public, including actions, gestures and the wearing or display of clothing, signs, flags, emblems or insignia; but\n- (i) 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\n- (ii) any conduct that is observable by the public, including actions, gestures and the wearing or display of clothing, signs, flags, emblems or insignia; but\n- (b) 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.\n- (i) 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\n- (ii) any conduct that is observable by the public, including actions, gestures and the wearing or display of clothing, signs, flags, emblems or insignia; but","sortOrder":149},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Act’s freedom from associated highly objectionable conduct purpose","content":"# Act’s freedom from associated highly objectionable conduct purpose","sortOrder":150},{"sectionNumber":"sec.125","sectionType":"section","heading":"Act’s freedom from associated highly objectionable conduct purpose and how it is to be achieved","content":"### sec.125 Act’s freedom from associated highly objectionable conduct purpose and how it is to be achieved\n\nOne 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 .\nThis purpose is to be achieved by—\nprohibiting certain conduct; and\nallowing a complaint under chapter 7 to be made against a person who has engaged in that conduct; and\nmaking that conduct an offence; and\nusing the agencies and procedures established under chapter 7 and the relevant tribunal Act to deal with the complaint or offence.\ns 125 amd 2009 No. 24 s 1329 ; 2016 No. 63 s 1093\namd 2024 No. 47 s 23 (uncommenced amendment)\n(sec.125-ssec.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 .\n(sec.125-ssec.2) This purpose is to be achieved by— prohibiting certain conduct; and allowing a complaint under chapter 7 to be made against a person who has engaged in that conduct; and making that conduct an offence; and using the agencies and procedures established under chapter 7 and the relevant tribunal Act to deal with the complaint or offence.\n- (a) prohibiting certain conduct; and\n- (b) allowing a complaint under chapter 7 to be made against a person who has engaged in that conduct; and\n- (c) making that conduct an offence; and\n- (d) using the agencies and procedures established under chapter 7 and the relevant tribunal Act to deal with the complaint or offence.","sortOrder":151},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":152},{"sectionNumber":"sec.126","sectionType":"section","heading":null,"content":"### Section sec.126\n\ns 126 om 2001 No. 35 s 9","sortOrder":153},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Discriminatory advertising","content":"# Discriminatory advertising","sortOrder":154},{"sectionNumber":"sec.127","sectionType":"section","heading":"Discriminatory advertisements","content":"### sec.127 Discriminatory advertisements\n\nA 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 .\nMaximum penalty—\nin the case of an individual—35 penalty units; or\nin the case of a corporation—170 penalty units.\nTo 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.\nAn employer may advertise for an 18 year old sales assistant or for a 15 to 17 year old sales assistant.\nIt 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.\nIt is an excuse to an offence against subsection (1) if the defendant took reasonable precautions to prevent the publication or display happening.\ns 127 amd 1992 No. 59 s 4 ; 2010 No. 42 s 214 sch\n(sec.127-ssec.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— in the case of an individual—35 penalty units; or in the case of a corporation—170 penalty units.\n(sec.127-ssec.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. An employer may advertise for an 18 year old sales assistant or for a 15 to 17 year old sales assistant.\n(sec.127-ssec.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.\n(sec.127-ssec.3) It is an excuse to an offence against subsection (1) if the defendant took reasonable precautions to prevent the publication or display happening.\n- (a) in the case of an individual—35 penalty units; or\n- (b) in the case of a corporation—170 penalty units.","sortOrder":155},{"sectionNumber":"sec.128","sectionType":"section","heading":"Inducement","content":"### sec.128 Inducement\n\nA 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.\nMaximum penalty—\nin the case of an individual—35 penalty units; or\nin the case of a corporation—170 penalty units.\ns 128 amd 2010 No. 42 s 214 sch\n- (a) in the case of an individual—35 penalty units; or\n- (b) in the case of a corporation—170 penalty units.","sortOrder":156},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Victimisation","content":"# Victimisation","sortOrder":157},{"sectionNumber":"sec.129","sectionType":"section","heading":"Victimisation","content":"### sec.129 Victimisation\n\nA person must not victimise another person.\nMaximum penalty—\nin the case of an individual—45 penalty units or imprisonment for 3 months; or\nin the case of a corporation—170 penalty units.\ns 129 amd 2010 No. 42 s 214 sch\n- (a) in the case of an individual—45 penalty units or imprisonment for 3 months; or\n- (b) in the case of a corporation—170 penalty units.","sortOrder":158},{"sectionNumber":"sec.130","sectionType":"section","heading":"Meaning of victimisation","content":"### sec.130 Meaning of victimisation\n\nVictimisation happens if a person (the respondent ) does an act, or threatens to do an act, to the detriment of another person (the complainant )—\nbecause the complainant, or a person associated with, or related to, the complainant—\nrefused to do an act that would amount to a contravention of the Act ; or\nin good faith, alleged, or intends to allege that a person committed an act that would amount to a contravention of the Act ; or\nis, has been, or intends to be, involved in a proceeding under the Act against any person; or\nbecause 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) .\nIn this section, a reference to involvement in a proceeding under the Act includes—\nmaking a complaint under the Act and continuing with the complaint, whether by investigation, conciliation, hearing or otherwise; and\ninvolvement in a prosecution for an offence against the Act ; and\nsupplying information and producing documents to a person who is performing a function under the Act ; and\nappearing as a witness in a proceeding under the Act .\ns 130 amd 2002 No. 74 s 23\namd 2024 No. 47 s 24 (uncommenced amendment)\n(sec.130-ssec.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 )— because the complainant, or a person associated with, or related to, the complainant— refused to do an act that would amount to a contravention of the Act ; or in good faith, alleged, or intends to allege that a person committed an act that would amount to a contravention of the Act ; or is, has been, or intends to be, involved in a proceeding under the Act against any person; or 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) .\n(sec.130-ssec.2) In this section, a reference to involvement in a proceeding under the Act includes— making a complaint under the Act and continuing with the complaint, whether by investigation, conciliation, hearing or otherwise; and involvement in a prosecution for an offence against the Act ; and supplying information and producing documents to a person who is performing a function under the Act ; and appearing as a witness in a proceeding under the Act .\n- (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\n- (i) refused to do an act that would amount to a contravention of the Act ; or\n- (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\n- (iii) is, has been, or intends to be, involved in a proceeding under the Act against any person; or\n- (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) .\n- (i) refused to do an act that would amount to a contravention of the Act ; or\n- (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\n- (iii) is, has been, or intends to be, involved in a proceeding under the Act against any person; or\n- (a) making a complaint under the Act and continuing with the complaint, whether by investigation, conciliation, hearing or otherwise; and\n- (b) involvement in a prosecution for an offence against the Act ; and\n- (c) supplying information and producing documents to a person who is performing a function under the Act ; and\n- (d) appearing as a witness in a proceeding under the Act .","sortOrder":159},{"sectionNumber":"sec.131","sectionType":"section","heading":"Victimisation continues even if proceedings etc. do not","content":"### sec.131 Victimisation continues even if proceedings etc. do not\n\nThe application or continued application of section 129 (Victimisation) is not affected by—\nthe 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\nthe withdrawal, failure to pursue, or determination of a proceeding under the Act .\ns 131 amd 2024 No. 47 s 3 sch 1 (uncommenced amendment)\n- (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\n- (b) the withdrawal, failure to pursue, or determination of a proceeding under the Act .","sortOrder":160},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"What the Queensland Human Rights Commission may do","content":"# What the Queensland Human Rights Commission may do","sortOrder":161},{"sectionNumber":"ch.7-pt.1-div.1","sectionType":"division","heading":"The complaint process","content":"## The complaint process","sortOrder":162},{"sectionNumber":"sec.134","sectionType":"section","heading":"Who may complain","content":"### sec.134 Who may complain\n\nAny of the following people may complain to the commissioner about an alleged contravention of the Act —\na person who was subjected to the alleged contravention;\nan agent of the person;\na 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.\nSee also section 146 in relation to representative complaints.\nTwo or more people may make a complaint jointly.\nA relevant entity may complain to the commissioner about a relevant alleged contravention.\nHowever, the commissioner may accept the relevant entity’s complaint under section 141 only if the commissioner is satisfied that—\nthe complaint is made in good faith; and\nthe relevant alleged contravention is about conduct that has affected or is likely to affect relevant persons for the relevant entity; and\nit is in the interests of justice to accept the complaint.\nIn this section—\nrelevant alleged contravention means an alleged contravention of section 124A .\nrelevant 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 or having particular sex characteristics.\nrelevant persons , for a relevant entity, means persons the promotion of whose interests or welfare is a primary purpose of the relevant entity.\ns 134 amd 2002 No. 74 s 25 ; 2010 No. 42 s 214 sch ; 2023 No. 17 s 156 ; 2024 No. 47 s 28\namd 2024 No. 47 s 28 (2) – (6) (uncommenced amendment)\n(sec.134-ssec.1) Any of the following people may complain to the commissioner about an alleged contravention of the Act — a person who was subjected to the alleged contravention; an agent of the person; 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. See also section 146 in relation to representative complaints.\n(sec.134-ssec.2) Two or more people may make a complaint jointly.\n(sec.134-ssec.3) A relevant entity may complain to the commissioner about a relevant alleged contravention.\n(sec.134-ssec.4) However, the commissioner may accept the relevant entity’s complaint under section 141 only if the commissioner is satisfied that— the complaint is made in good faith; and the relevant alleged contravention is about conduct that has affected or is likely to affect relevant persons for the relevant entity; and it is in the interests of justice to accept the complaint.\n(sec.134-ssec.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 or having particular sex characteristics. relevant persons , for a relevant entity, means persons the promotion of whose interests or welfare is a primary purpose of the relevant entity.\n- (a) a person who was subjected to the alleged contravention;\n- (b) an agent of the person;\n- (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.\n- (a) the complaint is made in good faith; and\n- (b) the relevant alleged contravention is about conduct that has affected or is likely to affect relevant persons for the relevant entity; and\n- (c) it is in the interests of justice to accept the complaint.","sortOrder":163},{"sectionNumber":"sec.135","sectionType":"section","heading":"Complaint may allege more than 1 contravention","content":"### sec.135 Complaint may allege more than 1 contravention\n\nA person may make a complaint alleging more than 1 contravention of the Act .\nC 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.","sortOrder":164},{"sectionNumber":"sec.136","sectionType":"section","heading":"Making a complaint","content":"### sec.136 Making a complaint\n\nA complaint must—\nbe in writing; and\nset out reasonably sufficient details to indicate an alleged contravention of the Act ; and\nstate the complainant’s address for service; and\nbe lodged with, or sent by post to, the commissioner.\ns 136 amd 2002 No. 74 s 26\n- (a) be in writing; and\n- (b) set out reasonably sufficient details to indicate an alleged contravention of the Act ; and\n- (c) state the complainant’s address for service; and\n- (d) be lodged with, or sent by post to, the commissioner.","sortOrder":165},{"sectionNumber":"sec.137","sectionType":"section","heading":"Unfair agreements not to complain are not binding","content":"### sec.137 Unfair agreements not to complain are not binding\n\nThe 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.\nIn assessing whether it is fair to accept the complaint, the commissioner is to consider all the relevant circumstances of the case including—\nthe knowledge of the parties who made the agreement; and\nwhat the person who wishes to complain received in return for the agreement.\n(sec.137-ssec.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.\n(sec.137-ssec.2) In assessing whether it is fair to accept the complaint, the commissioner is to consider all the relevant circumstances of the case including— the knowledge of the parties who made the agreement; and what the person who wishes to complain received in return for the agreement.\n- (a) the knowledge of the parties who made the agreement; and\n- (b) what the person who wishes to complain received in return for the agreement.","sortOrder":166},{"sectionNumber":"sec.138","sectionType":"section","heading":"Time limit on making complaints","content":"### sec.138 Time limit on making complaints\n\nSubject to subsection (2) , a person is only entitled to make a complaint within 1 year of the alleged contravention of the Act .\nIf a complaint is made more than 1 year after the alleged contravention of the Act , the commissioner must decide—\nto accept the complaint, but only if the commissioner is satisfied the complainant has shown good cause; or\notherwise—not to accept the complaint.\nSubsection (2) applies subject to section 141A .\ns 138 amd 2020 No. 15 s 8\namd 2024 No. 47 s 29 (uncommenced amendment)\n(sec.138-ssec.1) Subject to subsection (2) , a person is only entitled to make a complaint within 1 year of the alleged contravention of the Act .\n(sec.138-ssec.2) If a complaint is made more than 1 year after the alleged contravention of the Act , the commissioner must decide— to accept the complaint, but only if the commissioner is satisfied the complainant has shown good cause; or otherwise—not to accept the complaint.\n(sec.138-ssec.3) Subsection (2) applies subject to section 141A .\n- (a) to accept the complaint, but only if the commissioner is satisfied the complainant has shown good cause; or\n- (b) otherwise—not to accept the complaint.","sortOrder":167},{"sectionNumber":"sec.139","sectionType":"section","heading":"Commissioner must reject frivolous, trivial etc. complaints","content":"### sec.139 Commissioner must reject frivolous, trivial etc. complaints\n\nThe commissioner must reject a complaint if the commissioner is of the reasonable opinion that the complaint is—\nfrivolous, trivial or vexatious; or\nmisconceived or lacking in substance.\ns 139 amd 2003 No. 77 s 15\n- (a) frivolous, trivial or vexatious; or\n- (b) misconceived or lacking in substance.","sortOrder":168},{"sectionNumber":"sec.140","sectionType":"section","heading":"Commissioner may reject or stay complaints dealt with elsewhere","content":"### sec.140 Commissioner may reject or stay complaints dealt with elsewhere\n\nThe commissioner may reject or stay a complaint if—\nthere are concurrent proceedings in a court or tribunal in relation to the act or omission the subject of the complaint; or\nthe commissioner reasonably considers the act or omission that is the subject of the complaint may be effectively or conveniently dealt with by another entity.\nThe commissioner may also reject a complaint if the commissioner reasonably considers the act or omission the subject of the complaint has been adequately dealt with by another entity.\nA time limit for doing anything under this Act in relation to a complaint does not run while a complaint is stayed.\ns 140 amd 2009 No. 24 s 1330 ; 2013 No. 35 s 8\n(sec.140-ssec.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 the subject of the complaint; or the commissioner reasonably considers the act or omission that is the subject of the complaint may be effectively or conveniently dealt with by another entity.\n(sec.140-ssec.2) The commissioner may also reject a complaint if the commissioner reasonably considers the act or omission the subject of the complaint has been adequately dealt with by another entity.\n(sec.140-ssec.3) A time limit for doing anything under this Act in relation to a complaint does not run while a complaint is stayed.\n- (a) there are concurrent proceedings in a court or tribunal in relation to the act or omission the subject of the complaint; or\n- (b) the commissioner reasonably considers the act or omission that is the subject of the complaint may be effectively or conveniently dealt with by another entity.","sortOrder":169},{"sectionNumber":"sec.140A","sectionType":"section","heading":"Dealing with complaint under Human Rights Act 2019","content":"### sec.140A Dealing with complaint under Human Rights Act 2019\n\nThis section applies if the commissioner considers a complaint made or referred to the commissioner under this Act would be more appropriately dealt with by the commission as a complaint about an alleged contravention of the Human Rights Act 2019 .\nThe commissioner may, with the consent of the complainant, deal with the complaint under the Human Rights Act 2019 as an alleged contravention of that Act.\nFor dealing with the complaint as mentioned in subsection (2) , the complaint—\nis taken to be a complaint about an alleged contravention of the Human Rights Act 2019 that is accepted by the commissioner under section 76 of that Act; and\nis taken to be made on the day the complaint was made or referred under this Act.\ns 140A ins 2019 No. 5 s 113\n(sec.140A-ssec.1) This section applies if the commissioner considers a complaint made or referred to the commissioner under this Act would be more appropriately dealt with by the commission as a complaint about an alleged contravention of the Human Rights Act 2019 .\n(sec.140A-ssec.2) The commissioner may, with the consent of the complainant, deal with the complaint under the Human Rights Act 2019 as an alleged contravention of that Act.\n(sec.140A-ssec.3) For dealing with the complaint as mentioned in subsection (2) , the complaint— is taken to be a complaint about an alleged contravention of the Human Rights Act 2019 that is accepted by the commissioner under section 76 of that Act; and is taken to be made on the day the complaint was made or referred under this Act.\n- (a) is taken to be a complaint about an alleged contravention of the Human Rights Act 2019 that is accepted by the commissioner under section 76 of that Act; and\n- (b) is taken to be made on the day the complaint was made or referred under this Act.","sortOrder":170},{"sectionNumber":"sec.141","sectionType":"section","heading":"Time limit on acceptance or rejection of complaints","content":"### sec.141 Time limit on acceptance or rejection of complaints\n\nThe commissioner must decide whether to accept or reject a complaint within 28 days of receiving the complaint.\nThe commissioner must promptly notify the complainant of the decision.\nThis section applies subject to section 141A .\ns 141 amd 2020 No. 15 s 9\n(sec.141-ssec.1) The commissioner must decide whether to accept or reject a complaint within 28 days of receiving the complaint.\n(sec.141-ssec.2) The commissioner must promptly notify the complainant of the decision.\n(sec.141-ssec.3) This section applies subject to section 141A .","sortOrder":171},{"sectionNumber":"sec.141A","sectionType":"section","heading":"Deferral of acceptance of complaint for out-of-time contravention","content":"### sec.141A Deferral of acceptance of complaint for out-of-time contravention\n\nThis section applies if—\na complaint relates to—\nat least 1 alleged contravention of the Act that happened within 1 year before the complaint was made (a within-time contravention ); and\nat least 1 alleged contravention of the Act that happened more than 1 year before the complaint was made (an out-of-time contravention ); and\nthe commissioner decides to accept the complaint under section 141 to the extent it relates to the within-time contravention.\nThe commissioner may defer deciding under section 138 (2) whether or not to accept the complaint to the extent it relates to the out-of-time contravention until the commissioner has tried to resolve the complaint by conciliation under division 3 .\ns 141A ins 2020 No. 15 s 10\namd 2024 No. 47 s 30 (uncommenced amendment)\n(sec.141A-ssec.1) This section applies if— a complaint relates to— at least 1 alleged contravention of the Act that happened within 1 year before the complaint was made (a within-time contravention ); and at least 1 alleged contravention of the Act that happened more than 1 year before the complaint was made (an out-of-time contravention ); and the commissioner decides to accept the complaint under section 141 to the extent it relates to the within-time contravention.\n(sec.141A-ssec.2) The commissioner may defer deciding under section 138 (2) whether or not to accept the complaint to the extent it relates to the out-of-time contravention until the commissioner has tried to resolve the complaint by conciliation under division 3 .\n- (a) a complaint relates to— (i) at least 1 alleged contravention of the Act that happened within 1 year before the complaint was made (a within-time contravention ); and (ii) at least 1 alleged contravention of the Act that happened more than 1 year before the complaint was made (an out-of-time contravention ); and\n- (i) at least 1 alleged contravention of the Act that happened within 1 year before the complaint was made (a within-time contravention ); and\n- (ii) at least 1 alleged contravention of the Act that happened more than 1 year before the complaint was made (an out-of-time contravention ); and\n- (b) the commissioner decides to accept the complaint under section 141 to the extent it relates to the within-time contravention.\n- (i) at least 1 alleged contravention of the Act that happened within 1 year before the complaint was made (a within-time contravention ); and\n- (ii) at least 1 alleged contravention of the Act that happened more than 1 year before the complaint was made (an out-of-time contravention ); and","sortOrder":172},{"sectionNumber":"sec.142","sectionType":"section","heading":"Reasons for rejected complaints","content":"### sec.142 Reasons for rejected complaints\n\nIf 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.\nIf a complaint is rejected, the complainant may, within 28 days of receiving notice of the rejection, ask the commissioner for written reasons.\nIf requested, the commissioner must promptly give the complainant written reasons for the rejection.\nTo remove any doubt, it is declared that a reference in this section to rejecting a complaint includes a reference to deciding not to accept a complaint under section 137 (1) or 138 (2) (b) .\nIn this section—\ncomplaint includes a complaint mentioned in section 141A to the extent it relates to an out-of-time contravention.\ns 142 amd 2020 No. 15 s 11\n(sec.142-ssec.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.\n(sec.142-ssec.2) If a complaint is rejected, the complainant may, within 28 days of receiving notice of the rejection, ask the commissioner for written reasons.\n(sec.142-ssec.3) If requested, the commissioner must promptly give the complainant written reasons for the rejection.\n(sec.142-ssec.4) To remove any doubt, it is declared that a reference in this section to rejecting a complaint includes a reference to deciding not to accept a complaint under section 137 (1) or 138 (2) (b) .\n(sec.142-ssec.5) In this section— complaint includes a complaint mentioned in section 141A to the extent it relates to an out-of-time contravention.","sortOrder":173},{"sectionNumber":"sec.143","sectionType":"section","heading":"Respondent is to be notified of accepted complaint","content":"### sec.143 Respondent is to be notified of accepted complaint\n\nIf a complaint is accepted, the commissioner must promptly notify the respondent in writing of the substance of the complaint.\nThe notice to the respondent must also state the following—\nthe complainant’s address for service;\nthat the respondent must advise the commissioner of the respondent’s address for service;\nthat the respondent may give a written response to the allegations included in the complaint;\nthat within 28 days after the respondent receives the notice, the respondent must, if giving a written response—\ngive the written response to the commissioner; and\ngive a copy of the written response to the complainant and any other respondent;\nthat 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;\nthat the respondent may ask the commissioner for an early conciliation conference whether or not the respondent gives a written response;\nthat 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.\nThe respondent must advise the commissioner in writing of the respondent’s address for service.\nIf the respondent is giving a written response, the respondent must also—\ngive the written response to the commissioner and give a copy of the written response to the complainant and any other respondent; and\nadvise the commissioner whether the written response, or a copy of the written response, has been given to the complainant and any other respondent.\nIf 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) .\nThe 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—\nwhether or not the 28 days mentioned in subsection (2) (d) has expired; and\nwhether or not the commissioner has received any communication from the respondent.\nThe stated date for subsection (2) (g) must be not more than 14 days after the 28 days mentioned in subsection (2) (d) .\ns 143 amd 2002 No. 74 s 27 ; 2005 No. 70 s 19\n(sec.143-ssec.1) If a complaint is accepted, the commissioner must promptly notify the respondent in writing of the substance of the complaint.\n(sec.143-ssec.2) The notice to the respondent must also state the following— the complainant’s address for service; that the respondent must advise the commissioner of the respondent’s address for service; that the respondent may give a written response to the allegations included in the complaint; that within 28 days after the respondent receives the notice, the respondent must, if giving a written response— give the written response to the commissioner; and give a copy of the written response to the complainant and any other respondent; 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; that the respondent may ask the commissioner for an early conciliation conference whether or not the respondent gives a written response; 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.\n(sec.143-ssec.2A) The respondent must advise the commissioner in writing of the respondent’s address for service.\n(sec.143-ssec.2B) If the respondent is giving a written response, the respondent must also— give the written response to the commissioner and give a copy of the written response to the complainant and any other respondent; and advise the commissioner whether the written response, or a copy of the written response, has been given to the complainant and any other respondent.\n(sec.143-ssec.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) .\n(sec.143-ssec.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— whether or not the 28 days mentioned in subsection (2) (d) has expired; and whether or not the commissioner has received any communication from the respondent.\n(sec.143-ssec.5) The stated date for subsection (2) (g) must be not more than 14 days after the 28 days mentioned in subsection (2) (d) .\n- (a) the complainant’s address for service;\n- (b) that the respondent must advise the commissioner of the respondent’s address for service;\n- (c) that the respondent may give a written response to the allegations included in the complaint;\n- (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;\n- (i) give the written response to the commissioner; and\n- (ii) give a copy of the written response to the complainant and any other respondent;\n- (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;\n- (f) that the respondent may ask the commissioner for an early conciliation conference whether or not the respondent gives a written response;\n- (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.\n- (i) give the written response to the commissioner; and\n- (ii) give a copy of the written response to the complainant and any other respondent;\n- (a) give the written response to the commissioner and give a copy of the written response to the complainant and any other respondent; and\n- (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.\n- (a) whether or not the 28 days mentioned in subsection (2) (d) has expired; and\n- (b) whether or not the commissioner has received any communication from the respondent.","sortOrder":174},{"sectionNumber":"sec.144","sectionType":"section","heading":"Applications for orders protecting complainant’s interests (before reference to tribunal)","content":"### sec.144 Applications for orders protecting complainant’s interests (before reference to tribunal)\n\nAt any time before a complaint is referred to the tribunal, the complainant or the commissioner may apply, as provided under the relevant tribunal Act, to the tribunal for an order prohibiting a person from doing an act that might prejudice—\nthe investigation or conciliation of the complaint; or\nan order that the tribunal might make after a hearing.\nA party or the commissioner may apply, as provided under the relevant tribunal Act, to the tribunal for an order varying or revoking an order made under subsection (1) .\nIf the tribunal is satisfied it is in the interests of justice, an application for an order under subsection (1) may be heard in the absence of the respondent to the application.\ns 144 amd 2009 No. 24 s 1331 ; 2016 No. 63 s 1094\n(sec.144-ssec.1) At any time before a complaint is referred to the tribunal, the complainant or the commissioner may apply, as provided under the relevant tribunal Act, to the tribunal for an order prohibiting a person from doing an act that might prejudice— the investigation or conciliation of the complaint; or an order that the tribunal might make after a hearing.\n(sec.144-ssec.2) A party or the commissioner may apply, as provided under the relevant tribunal Act, to the tribunal for an order varying or revoking an order made under subsection (1) .\n(sec.144-ssec.3) If the tribunal is satisfied it is in the interests of justice, an application for an order under subsection (1) may be heard in the absence of the respondent to the application.\n- (a) the investigation or conciliation of the complaint; or\n- (b) an order that the tribunal might make after a hearing.","sortOrder":175},{"sectionNumber":"sec.145","sectionType":"section","heading":"Anonymity","content":"### sec.145 Anonymity\n\nIf, 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.\nA person must comply with a direction.\nMaximum penalty—\nin the case of an individual—35 penalty units; or\nin the case of a corporation—170 penalty units.\nIt is an excuse to an offence against subsection (2) if the defendant has a reasonable excuse.\nIn this section, a reference to involvement in a proceeding under the Act includes—\nmaking a complaint under the Act and continuing with the complaint, whether by investigation, conciliation, hearing or otherwise; and\nbeing a respondent to such a complaint; and\ninvolvement in a prosecution for an offence against the Act ; and\nsupplying information and producing documents to a person who is performing a function under the Act ; and\nappearing as a witness in a proceeding under the Act .\ns 145 amd 2003 No. 77 s 16 ; 2010 No. 42 s 214 sch\n(sec.145-ssec.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.\n(sec.145-ssec.2) A person must comply with a direction. Maximum penalty— in the case of an individual—35 penalty units; or in the case of a corporation—170 penalty units.\n(sec.145-ssec.3) It is an excuse to an offence against subsection (2) if the defendant has a reasonable excuse.\n(sec.145-ssec.4) In this section, a reference to involvement in a proceeding under the Act includes— making a complaint under the Act and continuing with the complaint, whether by investigation, conciliation, hearing or otherwise; and being a respondent to such a complaint; and involvement in a prosecution for an offence against the Act ; and supplying information and producing documents to a person who is performing a function under the Act ; and appearing as a witness in a proceeding under the Act .\n- (a) in the case of an individual—35 penalty units; or\n- (b) in the case of a corporation—170 penalty units.\n- (a) making a complaint under the Act and continuing with the complaint, whether by investigation, conciliation, hearing or otherwise; and\n- (b) being a respondent to such a complaint; and\n- (c) involvement in a prosecution for an offence against the Act ; and\n- (d) supplying information and producing documents to a person who is performing a function under the Act ; and\n- (e) appearing as a witness in a proceeding under the Act .","sortOrder":176},{"sectionNumber":"sec.146","sectionType":"section","heading":"Who may make representative complaint","content":"### sec.146 Who may make representative complaint\n\nA person may make a complaint about an alleged contravention of the Act as a representative complaint on behalf of a class of persons of which the person is a member if—\nall members of the class may make a complaint under section 134 (1) (a) about the alleged contravention; and\nall of the complaints the members of the class may make under section 134 (1) (a) about the alleged contravention—\nrelate to, or arise out of, conduct of the same person; and\nrelate to, or arise out of, the same, similar or related circumstances; and\ngive rise to a substantial common issue of law or fact.\nAlso, a registered employee organisation may make a representative complaint about an alleged contravention of the Act as a representative complaint on behalf of a class of persons if—\nall members of the class are members of the organisation; and\nthe alleged contravention is a work-related matter; and\nsubsection (1) (a) and (b) apply in relation to the members of the class.\nA complaint may be made under subsection (1) or (2) on behalf of a class of persons without the consent of the members of the class.\ns 146 sub 2024 No. 47 s 31\n(sec.146-ssec.1) A person may make a complaint about an alleged contravention of the Act as a representative complaint on behalf of a class of persons of which the person is a member if— all members of the class may make a complaint under section 134 (1) (a) about the alleged contravention; and all of the complaints the members of the class may make under section 134 (1) (a) about the alleged contravention— relate to, or arise out of, conduct of the same person; and relate to, or arise out of, the same, similar or related circumstances; and give rise to a substantial common issue of law or fact.\n(sec.146-ssec.2) Also, a registered employee organisation may make a representative complaint about an alleged contravention of the Act as a representative complaint on behalf of a class of persons if— all members of the class are members of the organisation; and the alleged contravention is a work-related matter; and subsection (1) (a) and (b) apply in relation to the members of the class.\n(sec.146-ssec.3) A complaint may be made under subsection (1) or (2) on behalf of a class of persons without the consent of the members of the class.\n- (a) all members of the class may make a complaint under section 134 (1) (a) about the alleged contravention; and\n- (b) all of the complaints the members of the class may make under section 134 (1) (a) about the alleged contravention— (i) relate to, or arise out of, conduct of the same person; and (ii) relate to, or arise out of, the same, similar or related circumstances; and (iii) give rise to a substantial common issue of law or fact.\n- (i) relate to, or arise out of, conduct of the same person; and\n- (ii) relate to, or arise out of, the same, similar or related circumstances; and\n- (iii) give rise to a substantial common issue of law or fact.\n- (i) relate to, or arise out of, conduct of the same person; and\n- (ii) relate to, or arise out of, the same, similar or related circumstances; and\n- (iii) give rise to a substantial common issue of law or fact.\n- (a) all members of the class are members of the organisation; and\n- (b) the alleged contravention is a work-related matter; and\n- (c) subsection (1) (a) and (b) apply in relation to the members of the class.","sortOrder":177},{"sectionNumber":"sec.147","sectionType":"section","heading":"Additional requirements for form of representative complaint","content":"### sec.147 Additional requirements for form of representative complaint\n\nA representative complaint must—\ndescribe or otherwise identify the members of the class of persons for which the complaint is made; and\nspecify the nature of the complaints made on behalf of the members of the class; and\nspecify the nature of the relief sought.\nIn describing or otherwise identifying the members of the class of persons, it is not necessary to name them or specify how many there are.\ns 147 sub 2024 No. 47 s 31\n(sec.147-ssec.1) A representative complaint must— describe or otherwise identify the members of the class of persons for which the complaint is made; and specify the nature of the complaints made on behalf of the members of the class; and specify the nature of the relief sought.\n(sec.147-ssec.2) In describing or otherwise identifying the members of the class of persons, it is not necessary to name them or specify how many there are.\n- (a) describe or otherwise identify the members of the class of persons for which the complaint is made; and\n- (b) specify the nature of the complaints made on behalf of the members of the class; and\n- (c) specify the nature of the relief sought.","sortOrder":178},{"sectionNumber":"sec.148","sectionType":"section","heading":"Effect of representative complaint on persons who are members of class represented","content":"### sec.148 Effect of representative complaint on persons who are members of class represented\n\nA person who is a member of a class of persons to which a representative complaint relates—\nmay, by written notice given to the commissioner at any time before the complaint is finally dealt with by the commissioner, opt out of the representative complaint; and\nis not entitled to make a separate complaint in relation to the conduct constituting the alleged contravention of the Act to which the representative complaint relates, unless the person opts out under paragraph (a) .\nSubsection (1) (b) does not apply or stops applying to a class member for a representative complaint, other than the complainant, if—\nthe commissioner amends the representative complaint under section 151 ; or\nthe representative complaint lapses under section 142 or 167 (4) (c) or division 5 .\nAlso, subsection (1) (b) does not apply to a class member for a representative complaint, other than the complainant, if—\nthe representative complaint is referred to the tribunal; and\nany of the following happens—\nthe complaint lapses under section 193 ;\nthe tribunal decides not to deal with the complaint as a representative complaint under section 194 ;\nthe class member opts out of the representative complaint under section 195 ;\nthe tribunal orders that the representative complaint no longer continue as a representative complaint under section 198 or 199 .\ns 148 sub 2024 No. 47 s 31\n(sec.148-ssec.1) A person who is a member of a class of persons to which a representative complaint relates— may, by written notice given to the commissioner at any time before the complaint is finally dealt with by the commissioner, opt out of the representative complaint; and is not entitled to make a separate complaint in relation to the conduct constituting the alleged contravention of the Act to which the representative complaint relates, unless the person opts out under paragraph (a) .\n(sec.148-ssec.2) Subsection (1) (b) does not apply or stops applying to a class member for a representative complaint, other than the complainant, if— the commissioner amends the representative complaint under section 151 ; or the representative complaint lapses under section 142 or 167 (4) (c) or division 5 .\n(sec.148-ssec.3) Also, subsection (1) (b) does not apply to a class member for a representative complaint, other than the complainant, if— the representative complaint is referred to the tribunal; and any of the following happens— the complaint lapses under section 193 ; the tribunal decides not to deal with the complaint as a representative complaint under section 194 ; the class member opts out of the representative complaint under section 195 ; the tribunal orders that the representative complaint no longer continue as a representative complaint under section 198 or 199 .\n- (a) may, by written notice given to the commissioner at any time before the complaint is finally dealt with by the commissioner, opt out of the representative complaint; and\n- (b) is not entitled to make a separate complaint in relation to the conduct constituting the alleged contravention of the Act to which the representative complaint relates, unless the person opts out under paragraph (a) .\n- (a) the commissioner amends the representative complaint under section 151 ; or\n- (b) the representative complaint lapses under section 142 or 167 (4) (c) or division 5 .\n- (a) the representative complaint is referred to the tribunal; and\n- (b) any of the following happens— (i) the complaint lapses under section 193 ; (ii) the tribunal decides not to deal with the complaint as a representative complaint under section 194 ; (iii) the class member opts out of the representative complaint under section 195 ; (iv) the tribunal orders that the representative complaint no longer continue as a representative complaint under section 198 or 199 .\n- (i) the complaint lapses under section 193 ;\n- (ii) the tribunal decides not to deal with the complaint as a representative complaint under section 194 ;\n- (iii) the class member opts out of the representative complaint under section 195 ;\n- (iv) the tribunal orders that the representative complaint no longer continue as a representative complaint under section 198 or 199 .\n- (i) the complaint lapses under section 193 ;\n- (ii) the tribunal decides not to deal with the complaint as a representative complaint under section 194 ;\n- (iii) the class member opts out of the representative complaint under section 195 ;\n- (iv) the tribunal orders that the representative complaint no longer continue as a representative complaint under section 198 or 199 .","sortOrder":179},{"sectionNumber":"sec.149","sectionType":"section","heading":"Effect of representative complaint on persons who are not members of class represented","content":"### sec.149 Effect of representative complaint on persons who are not members of class represented\n\nThe making of a representative complaint about an alleged contravention of the Act does not prevent a person who is not a member of the class of persons to which the representative complaint relates making a complaint in relation to the conduct constituting the alleged contravention.\nTo remove any doubt, it is declared that subsection (1) also applies to a person who has opted out of the representative complaint under section 148 or 195 .\ns 149 sub 2024 No. 47 s 31\n(sec.149-ssec.1) The making of a representative complaint about an alleged contravention of the Act does not prevent a person who is not a member of the class of persons to which the representative complaint relates making a complaint in relation to the conduct constituting the alleged contravention.\n(sec.149-ssec.2) To remove any doubt, it is declared that subsection (1) also applies to a person who has opted out of the representative complaint under section 148 or 195 .","sortOrder":180},{"sectionNumber":"sec.150","sectionType":"section","heading":"Complaint may be amended to be representative complaint","content":"### sec.150 Complaint may be amended to be representative complaint\n\nIf the commissioner is satisfied that a complaint made by or on behalf of a number of persons could be dealt with as a representative complaint if the persons on whose behalf the complaint is made are increased, reduced or otherwise altered, the commissioner may amend the complaint so that the complaint can be dealt with as a representative complaint.\nHowever, the commissioner may amend the complaint under subsection (1) only if the person who made the complaint consents to the amendment and to the complaint being dealt with as a representative complaint.\ns 150 sub 2024 No. 47 s 31\n(sec.150-ssec.1) If the commissioner is satisfied that a complaint made by or on behalf of a number of persons could be dealt with as a representative complaint if the persons on whose behalf the complaint is made are increased, reduced or otherwise altered, the commissioner may amend the complaint so that the complaint can be dealt with as a representative complaint.\n(sec.150-ssec.2) However, the commissioner may amend the complaint under subsection (1) only if the person who made the complaint consents to the amendment and to the complaint being dealt with as a representative complaint.","sortOrder":181},{"sectionNumber":"sec.151","sectionType":"section","heading":"Representative complaint may be amended to be non-representative complaint","content":"### sec.151 Representative complaint may be amended to be non-representative complaint\n\nThis section applies if the commissioner is satisfied—\nthat a complaint has been wrongly made as a representative complaint; or\nit is in the interests of justice that the matter the subject of a complaint made as a representative complaint be dealt with other than as a representative complaint because—\nthe complaint will not provide an efficient and effective way of dealing with the complaints of the class members for the complaint; or\nthe complainant is not able to adequately represent the interests of the class members for the complaint.\nThe commissioner may amend the complaint so that the complaint can be dealt with as a complaint other than as a representative complaint.\ns 151 sub 2024 No. 47 s 31\n(sec.151-ssec.1) This section applies if the commissioner is satisfied— that a complaint has been wrongly made as a representative complaint; or it is in the interests of justice that the matter the subject of a complaint made as a representative complaint be dealt with other than as a representative complaint because— the complaint will not provide an efficient and effective way of dealing with the complaints of the class members for the complaint; or the complainant is not able to adequately represent the interests of the class members for the complaint.\n(sec.151-ssec.2) The commissioner may amend the complaint so that the complaint can be dealt with as a complaint other than as a representative complaint.\n- (a) that a complaint has been wrongly made as a representative complaint; or\n- (b) it is in the interests of justice that the matter the subject of a complaint made as a representative complaint be dealt with other than as a representative complaint because— (i) the complaint will not provide an efficient and effective way of dealing with the complaints of the class members for the complaint; or (ii) the complainant is not able to adequately represent the interests of the class members for the complaint.\n- (i) the complaint will not provide an efficient and effective way of dealing with the complaints of the class members for the complaint; or\n- (ii) the complainant is not able to adequately represent the interests of the class members for the complaint.\n- (i) the complaint will not provide an efficient and effective way of dealing with the complaints of the class members for the complaint; or\n- (ii) the complainant is not able to adequately represent the interests of the class members for the complaint.","sortOrder":182},{"sectionNumber":"sec.152","sectionType":"section","heading":"Substitution of complainant","content":"### sec.152 Substitution of complainant\n\nThis section does not apply in relation to a representative complaint made by a registered employee organisation as provided under section 146 (2) .\nIf the complainant for a representative complaint gives the commissioner written notice under section 170 that the complainant does not want to continue with the complaint, the commissioner may substitute another class member as the complainant with the consent of the other class member.\nIf the commissioner considers that the complainant is not able to adequately represent the interests of the class members for the complaint, the commissioner may substitute another class member as the complainant with the consent of the other class member.\ns 152 sub 2024 No. 47 s 31\n(sec.152-ssec.1) This section does not apply in relation to a representative complaint made by a registered employee organisation as provided under section 146 (2) .\n(sec.152-ssec.2) If the complainant for a representative complaint gives the commissioner written notice under section 170 that the complainant does not want to continue with the complaint, the commissioner may substitute another class member as the complainant with the consent of the other class member.\n(sec.152-ssec.3) If the commissioner considers that the complainant is not able to adequately represent the interests of the class members for the complaint, the commissioner may substitute another class member as the complainant with the consent of the other class member.","sortOrder":183},{"sectionNumber":"sec.152A","sectionType":"section","heading":"Commissioner may give directions","content":"### sec.152A Commissioner may give directions\n\nThe commissioner may give directions about the conduct of a representative complaint while it is being dealt with by the commissioner.\ns 152A ins 2024 No. 47 s 31","sortOrder":184},{"sectionNumber":"sec.153","sectionType":"section","heading":"Dismissed worker lodges complaint first","content":"### sec.153 Dismissed worker lodges complaint first\n\nIf, but for this section—\na worker is dismissed in circumstances entitling the worker to—\nlodge a complaint with the commissioner under the Act ; and\napply for industrial relief; and\nthe worker does not apply for industrial relief before lodging a complaint and being notified under section 141 that the complaint has been accepted;\nthe worker may only proceed with the complaint and may not later apply for industrial relief in respect of the circumstances.\ns 153 amd 2002 No. 74 s 28\n- (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\n- (i) lodge a complaint with the commissioner under the Act ; and\n- (ii) apply for industrial relief; and\n- (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;\n- (i) lodge a complaint with the commissioner under the Act ; and\n- (ii) apply for industrial relief; and","sortOrder":185},{"sectionNumber":"sec.154","sectionType":"section","heading":"Dismissed worker applies for industrial relief first","content":"### sec.154 Dismissed worker applies for industrial relief first\n\nIf—\na worker is dismissed in circumstances entitling the worker to—\nlodge a complaint with the commissioner under the Act ; and\napply for industrial relief; and\nthe worker applies for industrial relief before lodging a complaint;\nthe 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.\n- (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\n- (i) lodge a complaint with the commissioner under the Act ; and\n- (ii) apply for industrial relief; and\n- (b) the worker applies for industrial relief before lodging a complaint;\n- (i) lodge a complaint with the commissioner under the Act ; and\n- (ii) apply for industrial relief; and","sortOrder":186},{"sectionNumber":"ch.7-pt.1-div.2","sectionType":"division","heading":"The investigation process","content":"## The investigation process","sortOrder":187},{"sectionNumber":"sec.154A","sectionType":"section","heading":"Investigation of complaint","content":"### sec.154A Investigation of complaint\n\nThe commissioner may investigate a complaint at any time after the complaint is received by the commissioner.\ns 154A ins 2002 No. 74 s 29\namd 2013 No. 35 s 9\namd 2024 No. 47 s 33 (uncommenced amendment)","sortOrder":188},{"sectionNumber":"sec.155","sectionType":"section","heading":"Requirement to initiate investigation","content":"### sec.155 Requirement to initiate investigation\n\nThe commissioner must initiate an investigation if—\nrequested to do so by the Minister; or\nQCAT or the industrial relations commission becomes aware of circumstances that may constitute a contravention of the Act and refers the matter to the commissioner.\nThe commissioner may initiate an investigation if—\nduring 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\nan allegation is made that an offence against the Act has been committed; or\nduring the course of carrying out the commission’s functions, a possible offence against the Act is discovered.\nIn conducting an investigation, the commissioner has the same powers as the commissioner has in dealing with a complaint of a contravention of the Act .\nIf 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.\nIf the commissioner refers the matter to the tribunal under subsection (4) , the commissioner is, for the purposes of the relevant tribunal Act, the applicant.\nThis section does not apply to complaints accepted under section 141 .\ns 155 amd 2002 No. 74 s 30 ; 2009 No. 24 s 1332 ; 2016 No. 63 s 1095\nom 2024 No. 47 s 34 (uncommenced amendment)\n(sec.155-ssec.1) The commissioner must initiate an investigation if— requested to do so by the Minister; or QCAT or the industrial relations commission becomes aware of circumstances that may constitute a contravention of the Act and refers the matter to the commissioner.\n(sec.155-ssec.2) The commissioner may initiate an investigation if— 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 an allegation is made that an offence against the Act has been committed; or during the course of carrying out the commission’s functions, a possible offence against the Act is discovered.\n(sec.155-ssec.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 .\n(sec.155-ssec.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.\n(sec.155-ssec.5) If the commissioner refers the matter to the tribunal under subsection (4) , the commissioner is, for the purposes of the relevant tribunal Act, the applicant.\n(sec.155-ssec.6) This section does not apply to complaints accepted under section 141 .\n- (a) requested to do so by the Minister; or\n- (b) QCAT or the industrial relations commission becomes aware of circumstances that may constitute a contravention of the Act and refers the matter to the commissioner.\n- (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\n- (b) an allegation is made that an offence against the Act has been committed; or\n- (c) during the course of carrying out the commission’s functions, a possible offence against the Act is discovered.","sortOrder":189},{"sectionNumber":"sec.156","sectionType":"section","heading":"Commissioner may obtain information and documents","content":"### sec.156 Commissioner may obtain information and documents\n\nIf the commissioner has reason to believe that a person—\npublished or displayed an advertisement that contravenes the Act ; or\nis able to provide information or produce documents relevant to an investigation;\nthe commissioner may direct the person in writing—\nto 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\nto give to the commissioner the specified documents or documents of a specified class;\nat such place, and within such reasonable period or on such reasonable day and at such time, as are specified in the direction.\nIf documents are given to the commissioner, the commissioner—\nmay take possession of, and may copy or take extracts from, the documents; and\nmay retain possession of the documents for such reasonable period as is necessary for the investigation to which the documents relate; and\nduring 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.\nThe commissioner may enforce the direction by filing a copy of it with a court of competent jurisdiction.\nThe direction is then enforceable as if it were an order of the court.\nA 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—\nthe person were a witness in a prosecution for an offence in the Supreme Court; and\nthe person were required to give the information or document in the prosecution.\ns 156 amd 1992 No. 36 s 2 sch 2\nom 2024 No. 47 s 34 (uncommenced amendment)\n(sec.156-ssec.1) If the commissioner has reason to believe that a person— published or displayed an advertisement that contravenes the Act ; or is able to provide information or produce documents relevant to an investigation; the commissioner may direct the person in writing— 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 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.\n(sec.156-ssec.2) If documents are given to the commissioner, the commissioner— may take possession of, and may copy or take extracts from, the documents; and may retain possession of the documents for such reasonable period as is necessary for the investigation to which the documents relate; and 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.\n(sec.156-ssec.3) The commissioner may enforce the direction by filing a copy of it with a court of competent jurisdiction.\n(sec.156-ssec.4) The direction is then enforceable as if it were an order of the court.\n(sec.156-ssec.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— the person were a witness in a prosecution for an offence in the Supreme Court; and the person were required to give the information or document in the prosecution.\n- (a) published or displayed an advertisement that contravenes the Act ; or\n- (b) is able to provide information or produce documents relevant to an investigation;\n- (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\n- (d) to give to the commissioner the specified documents or documents of a specified class;\n- (a) may take possession of, and may copy or take extracts from, the documents; and\n- (b) may retain possession of the documents for such reasonable period as is necessary for the investigation to which the documents relate; and\n- (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.\n- (a) the person were a witness in a prosecution for an offence in the Supreme Court; and\n- (b) the person were required to give the information or document in the prosecution.","sortOrder":190},{"sectionNumber":"sec.157","sectionType":"section","heading":"Commissioner may obtain actuarial, statistical or other data","content":"### sec.157 Commissioner may obtain actuarial, statistical or other data\n\nIf 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.\nThe commissioner may enforce the direction by filing a copy of it with a court of competent jurisdiction.\nThe direction is then enforceable as if it were an order of the court.\ns 157 renum and reloc 2024 No. 47 s 35 (uncommenced amendment)\n(sec.157-ssec.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.\n(sec.157-ssec.2) The commissioner may enforce the direction by filing a copy of it with a court of competent jurisdiction.\n(sec.157-ssec.3) The direction is then enforceable as if it were an order of the court.","sortOrder":191},{"sectionNumber":"ch.7-pt.1-div.3","sectionType":"division","heading":"The conciliation process","content":"## The conciliation process","sortOrder":192},{"sectionNumber":"sec.158","sectionType":"section","heading":"Conciliation of complaints","content":"### sec.158 Conciliation of complaints\n\nIf the commissioner believes that a complaint may be resolved by conciliation, the commissioner must try to resolve it in that way.\nSubsection (1) applies in relation to a complaint even if the commissioner has, under section 141A (2) , deferred deciding whether or not to accept the complaint under section 138 (2) to the extent it relates to an out-of-time contravention.\ns 158 amd 2020 No. 15 s 12\n(sec.158-ssec.1) If the commissioner believes that a complaint may be resolved by conciliation, the commissioner must try to resolve it in that way.\n(sec.158-ssec.2) Subsection (1) applies in relation to a complaint even if the commissioner has, under section 141A (2) , deferred deciding whether or not to accept the complaint under section 138 (2) to the extent it relates to an out-of-time contravention.","sortOrder":193},{"sectionNumber":"sec.159","sectionType":"section","heading":"Attendance at conciliation conference","content":"### sec.159 Attendance at conciliation conference\n\nThe commissioner may direct a person to take part in a conciliation conference.\nThe commissioner may enforce the direction by filing a copy of it with a court of competent jurisdiction.\nThe direction is then enforceable as if it were an order of the court.\n(sec.159-ssec.1) The commissioner may direct a person to take part in a conciliation conference.\n(sec.159-ssec.2) The commissioner may enforce the direction by filing a copy of it with a court of competent jurisdiction.\n(sec.159-ssec.3) The direction is then enforceable as if it were an order of the court.","sortOrder":194},{"sectionNumber":"sec.160","sectionType":"section","heading":"Party fails to attend conference","content":"### sec.160 Party fails to attend conference\n\nIf 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.\nIf 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.\nA party may enforce a direction as to costs by filing a copy of it with a court of competent jurisdiction.\nThe direction is then enforceable as if it were an order of the court.\n(sec.160-ssec.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.\n(sec.160-ssec.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.\n(sec.160-ssec.3) A party may enforce a direction as to costs by filing a copy of it with a court of competent jurisdiction.\n(sec.160-ssec.4) The direction is then enforceable as if it were an order of the court.","sortOrder":195},{"sectionNumber":"sec.161","sectionType":"section","heading":"Conference to be held in private","content":"### sec.161 Conference to be held in private\n\nA conciliation conference must be held in private.","sortOrder":196},{"sectionNumber":"sec.162","sectionType":"section","heading":"Interpreter may be used","content":"### sec.162 Interpreter may be used\n\nA person has a right to use a professional or voluntary interpreter at a conciliation conference.","sortOrder":197},{"sectionNumber":"sec.163","sectionType":"section","heading":"Representative may be used with permission","content":"### sec.163 Representative may be used with permission\n\nA person may be represented by another person at a conciliation conference, with the commissioner’s permission.","sortOrder":198},{"sectionNumber":"sec.164","sectionType":"section","heading":"Resolution by conciliation","content":"### sec.164 Resolution by conciliation\n\nIf 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.\nThe commissioner must provide a copy of the document to each party and file the document with the tribunal.\nThe agreement is then enforceable as if it were an order of the tribunal.\n(sec.164-ssec.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.\n(sec.164-ssec.2) The commissioner must provide a copy of the document to each party and file the document with the tribunal.\n(sec.164-ssec.3) The agreement is then enforceable as if it were an order of the tribunal.","sortOrder":199},{"sectionNumber":"sec.164AA","sectionType":"section","heading":"Confidentiality of conciliation","content":"### sec.164AA Confidentiality of conciliation\n\nNothing said or done in the course of conciliation of a complaint may be included in any document prepared by the commission when referring the complaint to the tribunal.\ns 164AA ins 2009 No. 24 s 1333","sortOrder":200},{"sectionNumber":"ch.7-pt.1-div.4","sectionType":"division","heading":"Unconciliated complaints","content":"## Unconciliated complaints","sortOrder":201},{"sectionNumber":"sec.164A","sectionType":"section","heading":"Right of complainant to seek referral to tribunal after conciliation conference","content":"### sec.164A Right of complainant to seek referral to tribunal after conciliation conference\n\nThis section applies if—\na conciliation conference has been held under division 3 in relation to a complaint; and\nthe complaint has not been resolved by conciliation.\nThe complainant may give the commissioner a written notice requiring the commissioner to refer the complaint to—\nif the complaint is or includes a work-related matter—the industrial relations commission; or\notherwise—QCAT.\nIf the complaint includes a work-related matter and a matter other than a work-related matter, the complaint must be referred to the industrial relations commission. However, the commission may transfer the complaint to QCAT under section 193A .\nThe commissioner must promptly—\nrefer the complaint to the tribunal; and\ngive the respondent a copy of the complaint.\nHowever the commissioner is not required to act under subsection (3) if the commissioner decides to act under section 168 in relation to the complaint.\nIf the commissioner has, under section 141A (2) , deferred deciding whether or not to accept the complaint under section 138 (2) to the extent it relates to an out-of-time contravention, the commissioner must make that decision before acting under subsection (3) .\nIf the complainant acts under subsection (2) , sections 165 to 167 stop applying in relation to the complaint.\nThe complainant is the applicant for the purposes of the relevant tribunal Act.\ns 164A ins 2002 No. 74 s 31\namd 2009 No. 24 s 1334 ; 2016 No. 63 s 1096 ; 2020 No. 15 s 13\n(sec.164A-ssec.1) This section applies if— a conciliation conference has been held under division 3 in relation to a complaint; and the complaint has not been resolved by conciliation.\n(sec.164A-ssec.2) The complainant may give the commissioner a written notice requiring the commissioner to refer the complaint to— if the complaint is or includes a work-related matter—the industrial relations commission; or otherwise—QCAT. If the complaint includes a work-related matter and a matter other than a work-related matter, the complaint must be referred to the industrial relations commission. However, the commission may transfer the complaint to QCAT under section 193A .\n(sec.164A-ssec.3) The commissioner must promptly— refer the complaint to the tribunal; and give the respondent a copy of the complaint.\n(sec.164A-ssec.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.\n(sec.164A-ssec.5) If the commissioner has, under section 141A (2) , deferred deciding whether or not to accept the complaint under section 138 (2) to the extent it relates to an out-of-time contravention, the commissioner must make that decision before acting under subsection (3) .\n(sec.164A-ssec.6) If the complainant acts under subsection (2) , sections 165 to 167 stop applying in relation to the complaint.\n(sec.164A-ssec.7) The complainant is the applicant for the purposes of the relevant tribunal Act.\n- (a) a conciliation conference has been held under division 3 in relation to a complaint; and\n- (b) the complaint has not been resolved by conciliation.\n- (a) if the complaint is or includes a work-related matter—the industrial relations commission; or\n- (b) otherwise—QCAT.\n- (a) refer the complaint to the tribunal; and\n- (b) give the respondent a copy of the complaint.","sortOrder":202},{"sectionNumber":"sec.165","sectionType":"section","heading":"Complaints which are not resolved by conciliation","content":"### sec.165 Complaints which are not resolved by conciliation\n\nIf 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.\nThe obligation in subsection (1) arises whether or not conciliation has been attempted.\nIf the commissioner gives notice under subsection (1) , sections 164A and 167 stop applying in relation to the complaint.\ns 165 amd 1993 No. 76 s 3 sch 1 ; 2005 No. 70 s 20\n(sec.165-ssec.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.\n(sec.165-ssec.2) The obligation in subsection (1) arises whether or not conciliation has been attempted.\n(sec.165-ssec.3) If the commissioner gives notice under subsection (1) , sections 164A and 167 stop applying in relation to the complaint.","sortOrder":203},{"sectionNumber":"sec.166","sectionType":"section","heading":"Complainant may obtain referral of unconciliated complaint","content":"### sec.166 Complainant may obtain referral of unconciliated complaint\n\nWithin 28 days of being notified that the complaint can not be resolved by conciliation, a complainant may, by written notice, require the commissioner to refer the complaint to—\nif the complaint is or includes a work-related matter—the industrial relations commission; or\notherwise—QCAT.\nIf the complaint includes a work-related matter and a matter other than a work-related matter, the complaint must be referred to the industrial relations commission. However, the commission may transfer the complaint to QCAT under section 193A .\nThe commissioner may extend the time limit if—\nthe complainant asks the commissioner, in writing, for an extension within the 28 days; and\nthe commissioner considers that there are reasonable grounds for the request; and\nthe commissioner considers that the extension will not cause undue hardship to the respondent.\nIf 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.\nHowever, 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.\nThe complainant is the applicant for the purposes of the relevant tribunal Act.\ns 166 amd 2003 No. 77 s 17 ; 2005 No. 70 s 21 ; 2009 No. 24 s 1335 ; 2016 No. 63 s 1097\n(sec.166-ssec.1) Within 28 days of being notified that the complaint can not be resolved by conciliation, a complainant may, by written notice, require the commissioner to refer the complaint to— if the complaint is or includes a work-related matter—the industrial relations commission; or otherwise—QCAT. If the complaint includes a work-related matter and a matter other than a work-related matter, the complaint must be referred to the industrial relations commission. However, the commission may transfer the complaint to QCAT under section 193A .\n(sec.166-ssec.2) The commissioner may extend the time limit if— the complainant asks the commissioner, in writing, for an extension within the 28 days; and the commissioner considers that there are reasonable grounds for the request; and the commissioner considers that the extension will not cause undue hardship to the respondent.\n(sec.166-ssec.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.\n(sec.166-ssec.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.\n(sec.166-ssec.5) The complainant is the applicant for the purposes of the relevant tribunal Act.\n- (a) if the complaint is or includes a work-related matter—the industrial relations commission; or\n- (b) otherwise—QCAT.\n- (a) the complainant asks the commissioner, in writing, for an extension within the 28 days; and\n- (b) the commissioner considers that there are reasonable grounds for the request; and\n- (c) the commissioner considers that the extension will not cause undue hardship to the respondent.","sortOrder":204},{"sectionNumber":"sec.167","sectionType":"section","heading":"Complainant or respondent may seek referral after 6 months","content":"### sec.167 Complainant or respondent may seek referral after 6 months\n\nIf 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—\nif the complaint is or includes a work-related matter—the industrial relations commission; or\notherwise—QCAT.\nIf the complaint includes a work-related matter and a matter other than a work-related matter, the complaint must be referred to the industrial relations commission. However, the commission may transfer the complaint to QCAT under section 193A .\nThe 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.\nIf the matter is not resolved at the end of 28 days, the procedures in subsection (4) or (5) apply.\nIf the respondent requests the commissioner to refer the complaint—\nthe commissioner must ask the complainant whether the complainant agrees to the complaint being referred; and\nif the complainant agrees in writing—the commissioner must refer the complaint to the tribunal; and\nif 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\nthe commissioner may extend the 28 day period, but only if the complainant asks, in writing, for an extension before the 28 days have passed.\nIf the complainant requests the commissioner in writing, to refer the complaint, the commissioner must comply.\nIf the commissioner refers the complaint to the tribunal, the commissioner must promptly give the respondent a copy of the complaint.\nThe complainant is the applicant for the purposes of the relevant tribunal Act.\ns 167 amd 2009 No. 24 s 1336 ; 2016 No. 63 s 1098\n(sec.167-ssec.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— if the complaint is or includes a work-related matter—the industrial relations commission; or otherwise—QCAT. If the complaint includes a work-related matter and a matter other than a work-related matter, the complaint must be referred to the industrial relations commission. However, the commission may transfer the complaint to QCAT under section 193A .\n(sec.167-ssec.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.\n(sec.167-ssec.3) If the matter is not resolved at the end of 28 days, the procedures in subsection (4) or (5) apply.\n(sec.167-ssec.4) If the respondent requests the commissioner to refer the complaint— the commissioner must ask the complainant whether the complainant agrees to the complaint being referred; and if the complainant agrees in writing—the commissioner must refer the complaint to the tribunal; and 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 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.\n(sec.167-ssec.5) If the complainant requests the commissioner in writing, to refer the complaint, the commissioner must comply.\n(sec.167-ssec.6) If the commissioner refers the complaint to the tribunal, the commissioner must promptly give the respondent a copy of the complaint.\n(sec.167-ssec.7) The complainant is the applicant for the purposes of the relevant tribunal Act.\n- (a) if the complaint is or includes a work-related matter—the industrial relations commission; or\n- (b) otherwise—QCAT. Note— If the complaint includes a work-related matter and a matter other than a work-related matter, the complaint must be referred to the industrial relations commission. However, the commission may transfer the complaint to QCAT under section 193A .\n- (a) the commissioner must ask the complainant whether the complainant agrees to the complaint being referred; and\n- (b) if the complainant agrees in writing—the commissioner must refer the complaint to the tribunal; and\n- (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\n- (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.","sortOrder":205},{"sectionNumber":"ch.7-pt.1-div.5","sectionType":"division","heading":"Lapsed or withdrawn complaints or authorisation","content":"## Lapsed or withdrawn complaints or authorisation","sortOrder":206},{"sectionNumber":"sec.168","sectionType":"section","heading":"Frivolous etc. complaint lapses","content":"### sec.168 Frivolous etc. complaint lapses\n\nThis section applies 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—\nfrivolous, trivial or vexatious; or\nmisconceived or lacking in substance.\nThe commissioner must tell the complainant in writing that, unless the complainant is able to show to the commissioner’s satisfaction within 28 days that the complaint is not frivolous, trivial, vexatious, misconceived or lacking in substance—\nthe complaint will lapse; and\nif the complaint lapses, the complainant can not make a further complaint relating to the act or omission that was the subject of the complaint.\nIf, at the end of 28 days, the commissioner is of the reasonable opinion that the complaint is—\nfrivolous, trivial or vexatious; or\nmisconceived or lacking in substance;\nthe commissioner must write to the complainant and respondent as soon as practicable to tell them that the complaint has lapsed.\nThe complaint then lapses, and the complainant can not make a further complaint relating to the act or omission that was the subject of the complaint.\ns 168 amd 2003 No. 77 s 18 ; 2013 No. 35 s 10\n(sec.168-ssec.1) This section applies 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— frivolous, trivial or vexatious; or misconceived or lacking in substance.\n(sec.168-ssec.2) The commissioner must tell the complainant in writing that, unless the complainant is able to show to the commissioner’s satisfaction within 28 days that the complaint is not frivolous, trivial, vexatious, misconceived or lacking in substance— the complaint will lapse; and if the complaint lapses, the complainant can not make a further complaint relating to the act or omission that was the subject of the complaint.\n(sec.168-ssec.3) If, at the end of 28 days, the commissioner is of the reasonable opinion that the complaint is— frivolous, trivial or vexatious; or 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.\n(sec.168-ssec.4) The complaint then lapses, and the complainant can not make a further complaint relating to the act or omission that was the subject of the complaint.\n- (a) frivolous, trivial or vexatious; or\n- (b) misconceived or lacking in substance.\n- (a) the complaint will lapse; and\n- (b) if the complaint lapses, the complainant can not make a further complaint relating to the act or omission that was the subject of the complaint.\n- (a) frivolous, trivial or vexatious; or\n- (b) misconceived or lacking in substance;","sortOrder":207},{"sectionNumber":"sec.168A","sectionType":"section","heading":"Complaint may lapse if dealt with elsewhere","content":"### sec.168A Complaint may lapse if dealt with elsewhere\n\nThis section applies if after a complaint is accepted and before it is referred to the tribunal, the commissioner reasonably considers the act or omission the subject of the complaint—\nhas been adequately dealt with by another entity; or\nmay be effectively or conveniently dealt with by another entity.\nThe commissioner may give the complainant a notice (a show cause notice ) inviting the complainant to show cause why the complaint should not lapse.\nA show cause notice must—\nbe in writing; and\nstate that the complaint may lapse unless the complainant is able to show to the commissioner’s satisfaction that the act or omission that is the subject of the complaint has not been adequately dealt with, or may not be effectively or conveniently dealt with, by another entity; and\nstate that if the complaint lapses, the complainant can not make a further complaint relating to the act or omission the subject of the complaint; and\nstate that the complainant may, within 28 days after receipt of the notice, make written representations to the commissioner about why the complaint should not lapse.\nIf, after considering any submissions made within the show cause period, the commissioner reasonably considers either of the following applies, the commissioner must give the complainant written notice that the complaint has lapsed—\nthe act or omission the subject of the complaint has been adequately dealt with by another entity;\nthe act or omission the subject of the complaint may be more effectively or conveniently dealt with by another entity.\nIf the commissioner gives the complainant a notice under subsection (4) —\nthe complaint lapses; and\nthe complainant can not make a further complaint relating to the act or omission the subject of the complaint.\ns 168A ins 2013 No. 35 s 11\n(sec.168A-ssec.1) This section applies if after a complaint is accepted and before it is referred to the tribunal, the commissioner reasonably considers the act or omission the subject of the complaint— has been adequately dealt with by another entity; or may be effectively or conveniently dealt with by another entity.\n(sec.168A-ssec.2) The commissioner may give the complainant a notice (a show cause notice ) inviting the complainant to show cause why the complaint should not lapse.\n(sec.168A-ssec.3) A show cause notice must— be in writing; and state that the complaint may lapse unless the complainant is able to show to the commissioner’s satisfaction that the act or omission that is the subject of the complaint has not been adequately dealt with, or may not be effectively or conveniently dealt with, by another entity; and state that if the complaint lapses, the complainant can not make a further complaint relating to the act or omission the subject of the complaint; and state that the complainant may, within 28 days after receipt of the notice, make written representations to the commissioner about why the complaint should not lapse.\n(sec.168A-ssec.4) If, after considering any submissions made within the show cause period, the commissioner reasonably considers either of the following applies, the commissioner must give the complainant written notice that the complaint has lapsed— the act or omission the subject of the complaint has been adequately dealt with by another entity; the act or omission the subject of the complaint may be more effectively or conveniently dealt with by another entity.\n(sec.168A-ssec.5) If the commissioner gives the complainant a notice under subsection (4) — the complaint lapses; and the complainant can not make a further complaint relating to the act or omission the subject of the complaint.\n- (a) has been adequately dealt with by another entity; or\n- (b) may be effectively or conveniently dealt with by another entity.\n- (a) be in writing; and\n- (b) state that the complaint may lapse unless the complainant is able to show to the commissioner’s satisfaction that the act or omission that is the subject of the complaint has not been adequately dealt with, or may not be effectively or conveniently dealt with, by another entity; and\n- (c) state that if the complaint lapses, the complainant can not make a further complaint relating to the act or omission the subject of the complaint; and\n- (d) state that the complainant may, within 28 days after receipt of the notice, make written representations to the commissioner about why the complaint should not lapse.\n- (a) the act or omission the subject of the complaint has been adequately dealt with by another entity;\n- (b) the act or omission the subject of the complaint may be more effectively or conveniently dealt with by another entity.\n- (a) the complaint lapses; and\n- (b) the complainant can not make a further complaint relating to the act or omission the subject of the complaint.","sortOrder":208},{"sectionNumber":"sec.169","sectionType":"section","heading":"Complaint may lapse if complainant loses interest","content":"### sec.169 Complaint may lapse if complainant loses interest\n\nIf 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—\nthe complaint will lapse unless the complainant indicates that the complainant wishes to continue with it; and\nif the complaint lapses, the complainant can not make a further complaint relating to the act or omission that was the subject of the complaint.\nIf 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.\nWithin 28 days of being notified that the complaint has lapsed, the complainant may apply to the tribunal to review the commissioner’s decision.\nIf the tribunal is satisfied that the complainant has a genuine interest in continuing with the complaint, the commissioner must resume dealing with the complaint.\nThe complainant can not make a further complaint relating to the act or omission that was the subject of the complaint.\ns 169 amd 2013 No. 35 s 12\n(sec.169-ssec.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; and if the complaint lapses, the complainant can not make a further complaint relating to the act or omission that was the subject of the complaint.\n(sec.169-ssec.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.\n(sec.169-ssec.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.\n(sec.169-ssec.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.\n(sec.169-ssec.5) The complainant can not make a further complaint relating to the act or omission that was the subject of the complaint.\n- (a) the complaint will lapse unless the complainant indicates that the complainant wishes to continue with it; and\n- (b) if the complaint lapses, the complainant can not make a further complaint relating to the act or omission that was the subject of the complaint.","sortOrder":209},{"sectionNumber":"sec.170","sectionType":"section","heading":"Complainant may withdraw complaint","content":"### sec.170 Complainant may withdraw complaint\n\nThis section applies if a complainant gives the commissioner written notice that the complainant does not want to continue with the complaint.\nThe commissioner must—\ngive the complainant a written notice stating that—\nthe complaint will lapse at the end of 28 days after the notice is given (the relevant period ) unless the complainant gives the commissioner another written notice (a continuation notice ) that the complainant intends to continue with the complaint; and\nif the complaint lapses, the complainant can not make a further complaint relating to the act or omission the subject of the complaint; and\ncease dealing with the complaint.\nIf the complainant gives the commissioner a continuation notice within the relevant period, the commissioner must resume dealing with the complaint.\nIf the complainant does not give the commissioner a continuation notice within the relevant period—\nthe complaint lapses on the day after the relevant period ends; and\nthe complainant can not make a further complaint relating to the act or omission the subject of the complaint.\nIf a complaint lapses under subsection (4) , the commissioner must, as soon as practicable after the lapse, give the respondent written notice the complaint has lapsed.\nIf the complaint is a representative complaint and the commissioner substitutes another class member as the complainant for the complaint under section 152 (2) —\nsubsections (2) to (5) do not apply; and\nthe commissioner must give the person seeking withdrawal of the complaint a written notice stating—\nthe complaint has not been withdrawn; and\nthat another class member has been substituted as the complainant for the complaint; and\nthe person may opt out of the complaint under section 148 .\ns 170 sub 2013 No. 35 s 13\namd 2024 No. 47 s 37\n(sec.170-ssec.1) This section applies if a complainant gives the commissioner written notice that the complainant does not want to continue with the complaint.\n(sec.170-ssec.2) The commissioner must— give the complainant a written notice stating that— the complaint will lapse at the end of 28 days after the notice is given (the relevant period ) unless the complainant gives the commissioner another written notice (a continuation notice ) that the complainant intends to continue with the complaint; and if the complaint lapses, the complainant can not make a further complaint relating to the act or omission the subject of the complaint; and cease dealing with the complaint.\n(sec.170-ssec.3) If the complainant gives the commissioner a continuation notice within the relevant period, the commissioner must resume dealing with the complaint.\n(sec.170-ssec.4) If the complainant does not give the commissioner a continuation notice within the relevant period— the complaint lapses on the day after the relevant period ends; and the complainant can not make a further complaint relating to the act or omission the subject of the complaint.\n(sec.170-ssec.5) If a complaint lapses under subsection (4) , the commissioner must, as soon as practicable after the lapse, give the respondent written notice the complaint has lapsed.\n(sec.170-ssec.6) If the complaint is a representative complaint and the commissioner substitutes another class member as the complainant for the complaint under section 152 (2) — subsections (2) to (5) do not apply; and the commissioner must give the person seeking withdrawal of the complaint a written notice stating— the complaint has not been withdrawn; and that another class member has been substituted as the complainant for the complaint; and the person may opt out of the complaint under section 148 .\n- (a) give the complainant a written notice stating that— (i) the complaint will lapse at the end of 28 days after the notice is given (the relevant period ) unless the complainant gives the commissioner another written notice (a continuation notice ) that the complainant intends to continue with the complaint; and (ii) if the complaint lapses, the complainant can not make a further complaint relating to the act or omission the subject of the complaint; and\n- (i) the complaint will lapse at the end of 28 days after the notice is given (the relevant period ) unless the complainant gives the commissioner another written notice (a continuation notice ) that the complainant intends to continue with the complaint; and\n- (ii) if the complaint lapses, the complainant can not make a further complaint relating to the act or omission the subject of the complaint; and\n- (b) cease dealing with the complaint.\n- (i) the complaint will lapse at the end of 28 days after the notice is given (the relevant period ) unless the complainant gives the commissioner another written notice (a continuation notice ) that the complainant intends to continue with the complaint; and\n- (ii) if the complaint lapses, the complainant can not make a further complaint relating to the act or omission the subject of the complaint; and\n- (a) the complaint lapses on the day after the relevant period ends; and\n- (b) the complainant can not make a further complaint relating to the act or omission the subject of the complaint.\n- (a) subsections (2) to (5) do not apply; and\n- (b) the commissioner must give the person seeking withdrawal of the complaint a written notice stating— (i) the complaint has not been withdrawn; and (ii) that another class member has been substituted as the complainant for the complaint; and (iii) the person may opt out of the complaint under section 148 .\n- (i) the complaint has not been withdrawn; and\n- (ii) that another class member has been substituted as the complainant for the complaint; and\n- (iii) the person may opt out of the complaint under section 148 .\n- (i) the complaint has not been withdrawn; and\n- (ii) that another class member has been substituted as the complainant for the complaint; and\n- (iii) the person may opt out of the complaint under section 148 .","sortOrder":210},{"sectionNumber":"sec.171","sectionType":"section","heading":"Commissioner may withdraw authorisation","content":"### sec.171 Commissioner may withdraw authorisation\n\nThe 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.\nThe commissioner may, in writing, authorise another person to act on behalf of the complainant.\nIf no further authorisation has been requested within 28 days of the withdrawal of the original authorisation—\nthe complaint lapses; and\nthe commissioner must tell the complainant and the respondent in writing that the complaint has lapsed.\n(sec.171-ssec.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.\n(sec.171-ssec.2) The commissioner may, in writing, authorise another person to act on behalf of the complainant.\n(sec.171-ssec.3) If no further authorisation has been requested within 28 days of the withdrawal of the original authorisation— the complaint lapses; and the commissioner must tell the complainant and the respondent in writing that the complaint has lapsed.\n- (a) the complaint lapses; and\n- (b) the commissioner must tell the complainant and the respondent in writing that the complaint has lapsed.","sortOrder":211},{"sectionNumber":"ch.7-pt.1-div.6","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":212},{"sectionNumber":"sec.172","sectionType":"section","heading":"Commissioner may extend time limits","content":"### sec.172 Commissioner may extend time limits\n\nThe 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—\nthe extension will not cause undue hardship to any party; and\nthere are reasonable grounds for granting the extension.\nIn this section, a reference to a party in relation to a representative complaint includes a reference to a class member for the complaint.\ns 172 amd 2024 No. 47 s 38\n–––––\nch 7 pt 1A hdg ins 2024 No. 47 s 39 (uncommenced amendment)\nch 7 pt 1A div 1 hdg ins 2024 No. 47 s 39 (uncommenced amendment)\nch 7 pt 1A div 1 (ss 173–173C) ins 2024 No. 47 s 39 (uncommenced amendment)\nch 7 pt 1A div 1 (ss 173D–173G) ins 2024 No. 47 s 39 (uncommenced amendment)\nch 7 pt 1A div 1 (s 173H) ins 2024 No. 47 s 39 (uncommenced amendment)\nch 7 pt 1A div 1 (ss 173I–173NA) ins 2024 No. 47 s 39 (uncommenced amendment)\nch 7 pt 1A div 1 (ss 173O–173P) ins 2024 No. 47 s 39 (uncommenced amendment)\nch 7 pt 1A div 2 (ss 173Q–173R) ins 2024 No. 47 s 39 (uncommenced amendment)\nch 7 pt 1A div 3 hdg ins 2024 No. 47 s 39 (uncommenced amendment)\n(sec.172-ssec.1) 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— the extension will not cause undue hardship to any party; and there are reasonable grounds for granting the extension.\n(sec.172-ssec.2) In this section, a reference to a party in relation to a representative complaint includes a reference to a class member for the complaint.\n- (a) the extension will not cause undue hardship to any party; and\n- (b) there are reasonable grounds for granting the extension.","sortOrder":213},{"sectionNumber":"sec.173","sectionType":"section","heading":"Authentication of documents","content":"### sec.173 Authentication of documents\n\nA document requiring authentication by the commission or commissioner is sufficiently authenticated if signed by the commissioner.\ns 173 renum and reloc 2024 No. 47 s 40 (uncommenced amendment)","sortOrder":214},{"sectionNumber":"sec.174","sectionType":"section","heading":"Judicial notice of commissioner’s signature","content":"### sec.174 Judicial notice of commissioner’s signature\n\nJudicial notice must be taken of the signature of the commissioner if it appears on a document issued by the commission or commissioner.\ns 174 renum and reloc 2024 No. 47 s 41 (uncommenced amendment)","sortOrder":215},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"What the tribunal may do","content":"# What the tribunal may do","sortOrder":216},{"sectionNumber":"ch.7-pt.2-div.1A","sectionType":"division","heading":"Functions and powers of tribunal","content":"## Functions and powers of tribunal","sortOrder":217},{"sectionNumber":"sec.174A","sectionType":"section","heading":"Functions of QCAT","content":"### sec.174A Functions of QCAT\n\nQCAT has the following functions—\nin relation to complaints about contraventions of this Act that are referred, or to be referred, to QCAT under this Act—\nto make orders under section 144 before the complaints are referred to the tribunal; and\nto review decisions of the commissioner under section 169 about lapsing of the complaints; and\nto enforce agreements for resolution of the complaints by conciliation; and\nto hear and decide the complaints;\nto grant exemptions from this Act, other than in relation to work-related matters;\nto provide opinions about the application of this Act, other than in relation to work-related matters;\nany other function conferred on QCAT by this Act;\nto take any other action incidental or conducive to the discharge of a function mentioned in paragraphs (a) to (d) .\ns 174A ins 2009 No. 24 s 1338\nsub 2016 No. 63 s 1099\namd 2024 No. 47 s 42 (uncommenced amendment)\n- (a) in relation to complaints about contraventions of this Act that are referred, or to be referred, to QCAT under this Act— (i) to make orders under section 144 before the complaints are referred to the tribunal; and (ii) to review decisions of the commissioner under section 169 about lapsing of the complaints; and (iii) to enforce agreements for resolution of the complaints by conciliation; and (iv) to hear and decide the complaints;\n- (i) to make orders under section 144 before the complaints are referred to the tribunal; and\n- (ii) to review decisions of the commissioner under section 169 about lapsing of the complaints; and\n- (iii) to enforce agreements for resolution of the complaints by conciliation; and\n- (iv) to hear and decide the complaints;\n- (b) to grant exemptions from this Act, other than in relation to work-related matters;\n- (c) to provide opinions about the application of this Act, other than in relation to work-related matters;\n- (d) any other function conferred on QCAT by this Act;\n- (e) to take any other action incidental or conducive to the discharge of a function mentioned in paragraphs (a) to (d) .\n- (i) to make orders under section 144 before the complaints are referred to the tribunal; and\n- (ii) to review decisions of the commissioner under section 169 about lapsing of the complaints; and\n- (iii) to enforce agreements for resolution of the complaints by conciliation; and\n- (iv) to hear and decide the complaints;","sortOrder":218},{"sectionNumber":"sec.174B","sectionType":"section","heading":"Functions of industrial relations commission","content":"### sec.174B Functions of industrial relations commission\n\nThe industrial relations commission has the following functions—\nin relation to complaints about contraventions of this Act that are referred, or to be referred, to the commission under this Act—\nto make orders under section 144 before the complaints are referred to the tribunal; and\nto review decisions of the commissioner under section 169 about lapsing of the complaints; and\nto enforce agreements for resolution of the complaints by conciliation; and\nto hear and decide the complaints;\nto grant exemptions from this Act in relation to work-related matters;\nto provide opinions about the application of this Act in relation to work-related matters;\nany other function conferred on the commission by this Act;\nto take any other action incidental or conducive to the discharge of a function mentioned in paragraphs (a) to (d) .\ns 174B ins 2016 No. 63 s 1099\namd 2024 No. 47 s 43 (uncommenced amendment)\n- (a) in relation to complaints about contraventions of this Act that are referred, or to be referred, to the commission under this Act— (i) to make orders under section 144 before the complaints are referred to the tribunal; and (ii) to review decisions of the commissioner under section 169 about lapsing of the complaints; and (iii) to enforce agreements for resolution of the complaints by conciliation; and (iv) to hear and decide the complaints;\n- (i) to make orders under section 144 before the complaints are referred to the tribunal; and\n- (ii) to review decisions of the commissioner under section 169 about lapsing of the complaints; and\n- (iii) to enforce agreements for resolution of the complaints by conciliation; and\n- (iv) to hear and decide the complaints;\n- (b) to grant exemptions from this Act in relation to work-related matters;\n- (c) to provide opinions about the application of this Act in relation to work-related matters;\n- (d) any other function conferred on the commission by this Act;\n- (e) to take any other action incidental or conducive to the discharge of a function mentioned in paragraphs (a) to (d) .\n- (i) to make orders under section 144 before the complaints are referred to the tribunal; and\n- (ii) to review decisions of the commissioner under section 169 about lapsing of the complaints; and\n- (iii) to enforce agreements for resolution of the complaints by conciliation; and\n- (iv) to hear and decide the complaints;","sortOrder":219},{"sectionNumber":"sec.174C","sectionType":"section","heading":"Powers of tribunal under relevant tribunal Act","content":"### sec.174C Powers of tribunal under relevant tribunal Act\n\nIf this Act confers jurisdiction on the tribunal in relation to a complaint or other matter, the tribunal may exercise the powers conferred on it under this Act or the relevant tribunal Act.\nNothing in this Act limits the industrial relations commission’s powers under the IR Act , section 539 .\ns 174C ins 2016 No. 63 s 1099\n(sec.174C-ssec.1) If this Act confers jurisdiction on the tribunal in relation to a complaint or other matter, the tribunal may exercise the powers conferred on it under this Act or the relevant tribunal Act.\n(sec.174C-ssec.2) Nothing in this Act limits the industrial relations commission’s powers under the IR Act , section 539 .","sortOrder":220},{"sectionNumber":"ch.7-pt.2-div.1","sectionType":"division","heading":"The pre-hearing process","content":"## The pre-hearing process","sortOrder":221},{"sectionNumber":"sec.175","sectionType":"section","heading":"Time limit on referred complaints","content":"### sec.175 Time limit on referred complaints\n\nThe 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 .\nIf 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.\ns 175 amd 2024 No. 47 s 44 (uncommenced amendment)\n(sec.175-ssec.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 .\n(sec.175-ssec.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.","sortOrder":222},{"sectionNumber":"sec.176","sectionType":"section","heading":"Constitution of tribunal—QCAT","content":"### sec.176 Constitution of tribunal—QCAT\n\nThis section applies to a hearing conducted by the tribunal in relation to a complaint, if the tribunal is QCAT.\nSubject to section 228A , the tribunal is constituted by a legally qualified member for conducting the hearing.\ns 176 amd 2005 No. 70 s 22\nsub 2009 No. 24 s 1339 ; 2016 No. 63 s 1100\n_____\ns 176A ins 2024 No. 47 s 45 (uncommenced amendment)\n(sec.176-ssec.1) This section applies to a hearing conducted by the tribunal in relation to a complaint, if the tribunal is QCAT.\n(sec.176-ssec.2) Subject to section 228A , the tribunal is constituted by a legally qualified member for conducting the hearing.","sortOrder":223},{"sectionNumber":"sec.177","sectionType":"section","heading":"Tribunal may join a person as a party","content":"### sec.177 Tribunal may join a person as a party\n\nThe tribunal may join a person as a party to a proceeding whether or not the person was a complainant for, or respondent to, the complaint to which the proceeding relates.\nThis section does not limit a provision of the relevant tribunal Act about joining a party to a proceeding.\ns 177 sub 2009 No. 24 s 1339\namd 2016 No. 63 s 1101\n(sec.177-ssec.1) The tribunal may join a person as a party to a proceeding whether or not the person was a complainant for, or respondent to, the complaint to which the proceeding relates.\n(sec.177-ssec.2) This section does not limit a provision of the relevant tribunal Act about joining a party to a proceeding.","sortOrder":224},{"sectionNumber":"sec.178","sectionType":"section","heading":"Complaints may be amended","content":"### sec.178 Complaints may be amended\n\nThe tribunal may allow a complainant to amend a complaint.\nSubsection (1) applies even if the amendment concerns matters not included in the complaint.\ns 178 sub 2009 No. 24 s 1339\n(sec.178-ssec.1) The tribunal may allow a complainant to amend a complaint.\n(sec.178-ssec.2) Subsection (1) applies even if the amendment concerns matters not included in the complaint.","sortOrder":225},{"sectionNumber":"sec.179","sectionType":"section","heading":null,"content":"### Section sec.179\n\ns 179 om 2009 No. 24 s 1339","sortOrder":226},{"sectionNumber":"sec.180","sectionType":"section","heading":null,"content":"### Section sec.180\n\ns 180 om 2009 No. 24 s 1339","sortOrder":227},{"sectionNumber":"sec.181","sectionType":"section","heading":null,"content":"### Section sec.181\n\ns 181 amd 2004 No. 43 s 3 sch\nom 2009 No. 24 s 1339","sortOrder":228},{"sectionNumber":"sec.182","sectionType":"section","heading":null,"content":"### Section sec.182\n\ns 182 amd 1992 No. 36 s 2 sch 2\nom 2009 No. 24 s 1339","sortOrder":229},{"sectionNumber":"sec.183","sectionType":"section","heading":null,"content":"### Section sec.183\n\ns 183 om 2009 No. 24 s 1339","sortOrder":230},{"sectionNumber":"sec.184","sectionType":"section","heading":null,"content":"### Section sec.184\n\ns 184 om 2009 No. 24 s 1339","sortOrder":231},{"sectionNumber":"sec.185","sectionType":"section","heading":"Solicitor or counsel assisting the tribunal","content":"### sec.185 Solicitor or counsel assisting the tribunal\n\nThe tribunal may make arrangements for a solicitor or counsel to appear at a proceeding to assist the tribunal.","sortOrder":232},{"sectionNumber":"sec.186","sectionType":"section","heading":"Officer assisting the tribunal","content":"### sec.186 Officer assisting the tribunal\n\nThe tribunal may make arrangements for an officer of the commission to appear at a proceeding to assist the tribunal.\nAn officer assisting the tribunal is subject to the tribunal’s direction and control.\n(sec.186-ssec.1) The tribunal may make arrangements for an officer of the commission to appear at a proceeding to assist the tribunal.\n(sec.186-ssec.2) An officer assisting the tribunal is subject to the tribunal’s direction and control.","sortOrder":233},{"sectionNumber":"sec.187","sectionType":"section","heading":null,"content":"### Section sec.187\n\ns 187 amd 1993 No. 32 s 3 sch 1 ; 1993 No. 76 s 3 sch 1\nom 2009 No. 24 s 1340","sortOrder":234},{"sectionNumber":"sec.188","sectionType":"section","heading":null,"content":"### Section sec.188\n\ns 188 amd 2002 No. 74 s 32\nom 2009 No. 24 s 1340","sortOrder":235},{"sectionNumber":"sec.189","sectionType":"section","heading":"Resolution before tribunal order","content":"### sec.189 Resolution before tribunal order\n\nIf 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.\nThe tribunal must provide a copy of the document to each party.\nThe agreement is then enforceable as if it were an order of the tribunal.\n(sec.189-ssec.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.\n(sec.189-ssec.2) The tribunal must provide a copy of the document to each party.\n(sec.189-ssec.3) The agreement is then enforceable as if it were an order of the tribunal.","sortOrder":236},{"sectionNumber":"sec.190","sectionType":"section","heading":"Interim orders protecting complainant’s interests (tribunal)","content":"### sec.190 Interim orders protecting complainant’s interests (tribunal)\n\nThis section applies if a complaint has been referred to, but not yet determined by, the tribunal.\nThe complainant may apply to the tribunal for an order prohibiting a person from doing an act that might prejudice an order the tribunal might make after a hearing.\nA party may apply to the tribunal for an order varying or revoking an order made under subsection (2) .\nThis section does not limit the tribunal’s powers under the relevant tribunal Act.\ns 190 prev s 190 om 2009 No. 24 s 1340\npres s 190 ins 2022 No. 27 s 71\n(sec.190-ssec.1) This section applies if a complaint has been referred to, but not yet determined by, the tribunal.\n(sec.190-ssec.2) The complainant may apply to the tribunal for an order prohibiting a person from doing an act that might prejudice an order the tribunal might make after a hearing.\n(sec.190-ssec.3) A party may apply to the tribunal for an order varying or revoking an order made under subsection (2) .\n(sec.190-ssec.4) This section does not limit the tribunal’s powers under the relevant tribunal Act.","sortOrder":237},{"sectionNumber":"sec.191","sectionType":"section","heading":"Anonymity","content":"### sec.191 Anonymity\n\nIf 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.\nA person must comply with an order.\nMaximum penalty—100 penalty units.\nIn this section, a reference to involvement in a proceeding under the Act includes—\nmaking a complaint under the Act and continuing with the complaint, whether by investigation, conciliation, hearing or otherwise; and\nbeing a respondent to such a complaint; and\ninvolvement in a prosecution for an offence against the Act ; and\ngiving information or documents to a person who is performing a function under the Act ; and\nappearing as a witness in a proceeding under the Act .\ns 191 amd 2009 No. 24 s 1341\n(sec.191-ssec.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.\n(sec.191-ssec.2) A person must comply with an order. Maximum penalty—100 penalty units.\n(sec.191-ssec.3) In this section, a reference to involvement in a proceeding under the Act includes— making a complaint under the Act and continuing with the complaint, whether by investigation, conciliation, hearing or otherwise; and being a respondent to such a complaint; and involvement in a prosecution for an offence against the Act ; and giving information or documents to a person who is performing a function under the Act ; and appearing as a witness in a proceeding under the Act .\n- (a) making a complaint under the Act and continuing with the complaint, whether by investigation, conciliation, hearing or otherwise; and\n- (b) being a respondent to such a complaint; and\n- (c) involvement in a prosecution for an offence against the Act ; and\n- (d) giving information or documents to a person who is performing a function under the Act ; and\n- (e) appearing as a witness in a proceeding under the Act .","sortOrder":238},{"sectionNumber":"sec.192","sectionType":"section","heading":null,"content":"### Section sec.192\n\ns 192 om 2009 No. 24 s 1342","sortOrder":239},{"sectionNumber":"sec.193","sectionType":"section","heading":"Complainant may withdraw complaint","content":"### sec.193 Complainant may withdraw complaint\n\nThe 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.\nThe complaint then lapses.\nThe tribunal is to write to the respondent as soon as practicable to tell the respondent that the complaint has lapsed.\nSubsections (1) to (3) apply in relation to a representative complaint only if the tribunal approves the withdrawal of the complaint.\nAlso, for a representative complaint, subsections (1) to (3) do not apply if the tribunal—\nsubstitutes another class member as the complainant for the complaint under section 201 (2) ; and\nnotifies the person seeking withdrawal of the complaint—\nof the substitution; and\nthat the person may opt out of the complaint under section 195 .\ns 193 amd 2001 No. 35 s 11 ; 2024 No. 47 s 46\n(sec.193-ssec.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.\n(sec.193-ssec.2) The complaint then lapses.\n(sec.193-ssec.3) The tribunal is to write to the respondent as soon as practicable to tell the respondent that the complaint has lapsed.\n(sec.193-ssec.4) Subsections (1) to (3) apply in relation to a representative complaint only if the tribunal approves the withdrawal of the complaint.\n(sec.193-ssec.5) Also, for a representative complaint, subsections (1) to (3) do not apply if the tribunal— substitutes another class member as the complainant for the complaint under section 201 (2) ; and notifies the person seeking withdrawal of the complaint— of the substitution; and that the person may opt out of the complaint under section 195 .\n- (a) substitutes another class member as the complainant for the complaint under section 201 (2) ; and\n- (b) notifies the person seeking withdrawal of the complaint— (i) of the substitution; and (ii) that the person may opt out of the complaint under section 195 .\n- (i) of the substitution; and\n- (ii) that the person may opt out of the complaint under section 195 .\n- (i) of the substitution; and\n- (ii) that the person may opt out of the complaint under section 195 .","sortOrder":240},{"sectionNumber":"sec.193A","sectionType":"section","heading":"Transfer of complaints from industrial relations commission to QCAT","content":"### sec.193A Transfer of complaints from industrial relations commission to QCAT\n\nThis section applies if—\na complaint is referred to the industrial relations commission; and\nthe commission considers the complaint includes a matter that is not a work-related matter.\nFor a complaint referred to QCAT, see the QCAT Act , section 52 in relation to the power to transfer the complaint.\nThe commission may, by order, transfer the complaint to QCAT.\nIf the commission makes an order under subsection (2) —\na complaint relating to the matter is taken to have been referred to QCAT when the complaint mentioned in subsection (1) was referred to the commission; and\nthe commission may make the orders, or give the directions, it considers appropriate to facilitate the transfer, including an order that a party is taken to have complied with the requirements under this Act, the QCAT Act or another law for referring the complaint to QCAT; and\nQCAT may deal with the work-related matter included in the complaint as if the complaint did not include a work-related matter.\nAn order under subsection (3) (b) has effect despite any other Act or law.\nThe commission may act under subsection (2) or (3) (b) on its own initiative or on an application of a party to the proceeding to which the complaint relates.\nIf the commission does not make an order under subsection (2) , the commission may deal with the complaint as if it did not relate to a matter that is not a work-related matter.\ns 193A ins 2016 No. 63 s 1102\n(sec.193A-ssec.1) This section applies if— a complaint is referred to the industrial relations commission; and the commission considers the complaint includes a matter that is not a work-related matter. For a complaint referred to QCAT, see the QCAT Act , section 52 in relation to the power to transfer the complaint.\n(sec.193A-ssec.2) The commission may, by order, transfer the complaint to QCAT.\n(sec.193A-ssec.3) If the commission makes an order under subsection (2) — a complaint relating to the matter is taken to have been referred to QCAT when the complaint mentioned in subsection (1) was referred to the commission; and the commission may make the orders, or give the directions, it considers appropriate to facilitate the transfer, including an order that a party is taken to have complied with the requirements under this Act, the QCAT Act or another law for referring the complaint to QCAT; and QCAT may deal with the work-related matter included in the complaint as if the complaint did not include a work-related matter.\n(sec.193A-ssec.4) An order under subsection (3) (b) has effect despite any other Act or law.\n(sec.193A-ssec.5) The commission may act under subsection (2) or (3) (b) on its own initiative or on an application of a party to the proceeding to which the complaint relates.\n(sec.193A-ssec.6) If the commission does not make an order under subsection (2) , the commission may deal with the complaint as if it did not relate to a matter that is not a work-related matter.\n- (a) a complaint is referred to the industrial relations commission; and\n- (b) the commission considers the complaint includes a matter that is not a work-related matter.\n- (a) a complaint relating to the matter is taken to have been referred to QCAT when the complaint mentioned in subsection (1) was referred to the commission; and\n- (b) the commission may make the orders, or give the directions, it considers appropriate to facilitate the transfer, including an order that a party is taken to have complied with the requirements under this Act, the QCAT Act or another law for referring the complaint to QCAT; and\n- (c) QCAT may deal with the work-related matter included in the complaint as if the complaint did not include a work-related matter.","sortOrder":241},{"sectionNumber":"sec.194","sectionType":"section","heading":"Tribunal may deal with complaint as representative complaint","content":"### sec.194 Tribunal may deal with complaint as representative complaint\n\nThe tribunal may deal with a complaint referred to it as a representative complaint if—\nbefore the referral, the complaint was being dealt with by the commissioner as a representative complaint; or\nthe tribunal decides to deal with the complaint as a representative complaint.\nThe tribunal may decide to deal with a complaint made by or on behalf of a class of persons as a representative complaint if the tribunal is satisfied—\nall members of the class may make a complaint under section 134 (1) (a) about the alleged contravention to which the complaint relates; and\nall of the complaints the members of the class may make under section 134 (1) (a) about the alleged contravention to which the complaint relates—\nrelate to, or arise out of, conduct of the same person; and\nrelate to, or arise out of, the same, similar or related circumstances; and\ngive rise to a substantial common issue of law or fact; and\neither—\nthe complainant is a member of the class; or\nthe alleged contravention to which the complaint relates is a work-related matter, the complainant is a registered employee organisation and all members of the class are members of the organisation.\ns 194 sub 2024 No. 47 s 47\n(sec.194-ssec.1) The tribunal may deal with a complaint referred to it as a representative complaint if— before the referral, the complaint was being dealt with by the commissioner as a representative complaint; or the tribunal decides to deal with the complaint as a representative complaint.\n(sec.194-ssec.2) The tribunal may decide to deal with a complaint made by or on behalf of a class of persons as a representative complaint if the tribunal is satisfied— all members of the class may make a complaint under section 134 (1) (a) about the alleged contravention to which the complaint relates; and all of the complaints the members of the class may make under section 134 (1) (a) about the alleged contravention to which the complaint relates— relate to, or arise out of, conduct of the same person; and relate to, or arise out of, the same, similar or related circumstances; and give rise to a substantial common issue of law or fact; and either— the complainant is a member of the class; or the alleged contravention to which the complaint relates is a work-related matter, the complainant is a registered employee organisation and all members of the class are members of the organisation.\n- (a) before the referral, the complaint was being dealt with by the commissioner as a representative complaint; or\n- (b) the tribunal decides to deal with the complaint as a representative complaint.\n- (a) all members of the class may make a complaint under section 134 (1) (a) about the alleged contravention to which the complaint relates; and\n- (b) all of the complaints the members of the class may make under section 134 (1) (a) about the alleged contravention to which the complaint relates— (i) relate to, or arise out of, conduct of the same person; and (ii) relate to, or arise out of, the same, similar or related circumstances; and (iii) give rise to a substantial common issue of law or fact; and\n- (i) relate to, or arise out of, conduct of the same person; and\n- (ii) relate to, or arise out of, the same, similar or related circumstances; and\n- (iii) give rise to a substantial common issue of law or fact; and\n- (c) either— (i) the complainant is a member of the class; or (ii) the alleged contravention to which the complaint relates is a work-related matter, the complainant is a registered employee organisation and all members of the class are members of the organisation.\n- (i) the complainant is a member of the class; or\n- (ii) the alleged contravention to which the complaint relates is a work-related matter, the complainant is a registered employee organisation and all members of the class are members of the organisation.\n- (i) relate to, or arise out of, conduct of the same person; and\n- (ii) relate to, or arise out of, the same, similar or related circumstances; and\n- (iii) give rise to a substantial common issue of law or fact; and\n- (i) the complainant is a member of the class; or\n- (ii) the alleged contravention to which the complaint relates is a work-related matter, the complainant is a registered employee organisation and all members of the class are members of the organisation.","sortOrder":242},{"sectionNumber":"sec.195","sectionType":"section","heading":"Effect of representative complaint on persons who are members of class represented","content":"### sec.195 Effect of representative complaint on persons who are members of class represented\n\nA person who is a member of a class of persons to which a representative complaint before the tribunal relates—\nmay, by giving written notice to the tribunal before the date fixed under subsection (3) , opt out of the representative complaint; and\nis not entitled to make a separate complaint in relation to the conduct constituting the alleged contravention of the Act to which the representative complaint relates, unless the person opts out under paragraph (a) .\nSubsection (1) (b) is subject to section 148 (3) .\nThe tribunal must fix a date (the opt-out date ) before which a person may opt out of a representative complaint under subsection (1) .\nOn the application of the complainant, respondent or a class member for a representative complaint, the tribunal may fix a later date as the opt-out date.\nExcept by leave of the tribunal, the hearing of a representative complaint must not start earlier than the opt-out date.\ns 195 sub 2024 No. 47 s 47\n(sec.195-ssec.1) A person who is a member of a class of persons to which a representative complaint before the tribunal relates— may, by giving written notice to the tribunal before the date fixed under subsection (3) , opt out of the representative complaint; and is not entitled to make a separate complaint in relation to the conduct constituting the alleged contravention of the Act to which the representative complaint relates, unless the person opts out under paragraph (a) .\n(sec.195-ssec.2) Subsection (1) (b) is subject to section 148 (3) .\n(sec.195-ssec.3) The tribunal must fix a date (the opt-out date ) before which a person may opt out of a representative complaint under subsection (1) .\n(sec.195-ssec.4) On the application of the complainant, respondent or a class member for a representative complaint, the tribunal may fix a later date as the opt-out date.\n(sec.195-ssec.5) Except by leave of the tribunal, the hearing of a representative complaint must not start earlier than the opt-out date.\n- (a) may, by giving written notice to the tribunal before the date fixed under subsection (3) , opt out of the representative complaint; and\n- (b) is not entitled to make a separate complaint in relation to the conduct constituting the alleged contravention of the Act to which the representative complaint relates, unless the person opts out under paragraph (a) .","sortOrder":243},{"sectionNumber":"sec.196","sectionType":"section","heading":"Effect of representative complaint on persons who are not members of class represented","content":"### sec.196 Effect of representative complaint on persons who are not members of class represented\n\nThe tribunal dealing with a complaint as a representative complaint in relation to an alleged contravention of the Act does not prevent a person who is not a member of the class of persons to which the representative complaint relates making a complaint in relation to the conduct constituting the alleged contravention.\nTo remove any doubt, it is declared that subsection (1) also applies to a person who has opted out of the representative complaint under section 195 .\ns 196 sub 2024 No. 47 s 47\n(sec.196-ssec.1) The tribunal dealing with a complaint as a representative complaint in relation to an alleged contravention of the Act does not prevent a person who is not a member of the class of persons to which the representative complaint relates making a complaint in relation to the conduct constituting the alleged contravention.\n(sec.196-ssec.2) To remove any doubt, it is declared that subsection (1) also applies to a person who has opted out of the representative complaint under section 195 .","sortOrder":244},{"sectionNumber":"sec.197","sectionType":"section","heading":"Tribunal may order complaint to be dealt with as representative complaint","content":"### sec.197 Tribunal may order complaint to be dealt with as representative complaint\n\nIf the tribunal is satisfied that a complaint made by or on behalf of a number of persons could be dealt with as a representative complaint if the persons on whose behalf the complaint is made are increased, reduced or otherwise altered, the tribunal may, by order, direct—\nthat the complaint be dealt with as a representative complaint; and\nthe complainant to amend the complaint to allow the complaint to be dealt with as a representative complaint.\ns 197 sub 2024 No. 47 s 47\n- (a) that the complaint be dealt with as a representative complaint; and\n- (b) the complainant to amend the complaint to allow the complaint to be dealt with as a representative complaint.","sortOrder":245},{"sectionNumber":"sec.198","sectionType":"section","heading":"Excessive distribution costs","content":"### sec.198 Excessive distribution costs\n\nThis section applies if—\nthe relief sought in a representative complaint is or includes payment of money to the class members for the complaint, other than for costs; and\non application by the respondent, the tribunal considers it is likely that, if an order were to be made in favour of the complainant, the cost to the respondent of identifying the class members for the complaint and distributing to them the amounts ordered to be paid to them would be excessive, having regard to the likely total of those amounts.\nThe tribunal may, by order—\ndirect that the complaint no longer continue as a representative complaint; or\nstay the complaint so far as it relates to relief of the kind mentioned in subsection (1) (a) .\ns 198 sub 2024 No. 47 s 47\n(sec.198-ssec.1) This section applies if— the relief sought in a representative complaint is or includes payment of money to the class members for the complaint, other than for costs; and on application by the respondent, the tribunal considers it is likely that, if an order were to be made in favour of the complainant, the cost to the respondent of identifying the class members for the complaint and distributing to them the amounts ordered to be paid to them would be excessive, having regard to the likely total of those amounts.\n(sec.198-ssec.2) The tribunal may, by order— direct that the complaint no longer continue as a representative complaint; or stay the complaint so far as it relates to relief of the kind mentioned in subsection (1) (a) .\n- (a) the relief sought in a representative complaint is or includes payment of money to the class members for the complaint, other than for costs; and\n- (b) on application by the respondent, the tribunal considers it is likely that, if an order were to be made in favour of the complainant, the cost to the respondent of identifying the class members for the complaint and distributing to them the amounts ordered to be paid to them would be excessive, having regard to the likely total of those amounts.\n- (a) direct that the complaint no longer continue as a representative complaint; or\n- (b) stay the complaint so far as it relates to relief of the kind mentioned in subsection (1) (a) .","sortOrder":246},{"sectionNumber":"sec.199","sectionType":"section","heading":"Tribunal may discontinue representative complaint in particular circumstances","content":"### sec.199 Tribunal may discontinue representative complaint in particular circumstances\n\nThe tribunal may, on application by the respondent or on its own initiative, order that a complaint no longer continue as a representative complaint if the tribunal considers it is in the interests of justice to do so because—\nthe complaint will not provide an efficient and effective way of dealing with the complaints of the class members for the complaint; or\nthe complainant is not able to adequately represent the interests of the class members for the complaint; or\nit is otherwise inappropriate that the complaint continue as a representative complaint.\nIf the tribunal dismisses an application by the respondent made under this section, the tribunal may order that no further application under this section may be made by the respondent in relation to the representative complaint except with the leave of the tribunal.\nFor subsection (2) , leave may be granted subject to the conditions about costs the tribunal considers just.\ns 199 sub 2024 No. 47 s 47\n(sec.199-ssec.1) The tribunal may, on application by the respondent or on its own initiative, order that a complaint no longer continue as a representative complaint if the tribunal considers it is in the interests of justice to do so because— the complaint will not provide an efficient and effective way of dealing with the complaints of the class members for the complaint; or the complainant is not able to adequately represent the interests of the class members for the complaint; or it is otherwise inappropriate that the complaint continue as a representative complaint.\n(sec.199-ssec.2) If the tribunal dismisses an application by the respondent made under this section, the tribunal may order that no further application under this section may be made by the respondent in relation to the representative complaint except with the leave of the tribunal.\n(sec.199-ssec.3) For subsection (2) , leave may be granted subject to the conditions about costs the tribunal considers just.\n- (a) the complaint will not provide an efficient and effective way of dealing with the complaints of the class members for the complaint; or\n- (b) the complainant is not able to adequately represent the interests of the class members for the complaint; or\n- (c) it is otherwise inappropriate that the complaint continue as a representative complaint.","sortOrder":247},{"sectionNumber":"sec.200","sectionType":"section","heading":"Effect of representative complaint being discontinued","content":"### sec.200 Effect of representative complaint being discontinued\n\nThis section does not apply in relation to a representative complaint made by a registered employee organisation as provided under section 146 (2) .\nIf the tribunal makes an order under section 198 or 199 that a complaint no longer continue as a representative complaint—\nthe complaint may be continued as a complaint by the person who made the complaint on the person’s own behalf against the respondent; and\non the application of a class member for the complaint, the tribunal may order that the person be joined as a joint complainant in the continued complaint.\ns 200 sub 2024 No. 47 s 47\n(sec.200-ssec.1) This section does not apply in relation to a representative complaint made by a registered employee organisation as provided under section 146 (2) .\n(sec.200-ssec.2) If the tribunal makes an order under section 198 or 199 that a complaint no longer continue as a representative complaint— the complaint may be continued as a complaint by the person who made the complaint on the person’s own behalf against the respondent; and on the application of a class member for the complaint, the tribunal may order that the person be joined as a joint complainant in the continued complaint.\n- (a) the complaint may be continued as a complaint by the person who made the complaint on the person’s own behalf against the respondent; and\n- (b) on the application of a class member for the complaint, the tribunal may order that the person be joined as a joint complainant in the continued complaint.","sortOrder":248},{"sectionNumber":"sec.201","sectionType":"section","heading":"Substitution of complainant","content":"### sec.201 Substitution of complainant\n\nThis section does not apply in relation to a representative complaint made by a registered employee organisation as provided under section 146 (2) .\nIf the complainant for a representative complaint gives the tribunal written notice under section 193 that the complainant does not want to continue with the complaint, the tribunal may substitute another class member as the complainant with the consent of the other class member.\nIf the tribunal considers that the complainant is not able to adequately represent the interests of the class members for the complaint, the tribunal may substitute another class member as the complainant with the consent of the other class member.\ns 201 prev s 201 amd 2002 No. 74 s 33\nom 2009 No. 24 s 1343\npres s 201 ins 2024 No. 47 s 47\n(sec.201-ssec.1) This section does not apply in relation to a representative complaint made by a registered employee organisation as provided under section 146 (2) .\n(sec.201-ssec.2) If the complainant for a representative complaint gives the tribunal written notice under section 193 that the complainant does not want to continue with the complaint, the tribunal may substitute another class member as the complainant with the consent of the other class member.\n(sec.201-ssec.3) If the tribunal considers that the complainant is not able to adequately represent the interests of the class members for the complaint, the tribunal may substitute another class member as the complainant with the consent of the other class member.","sortOrder":249},{"sectionNumber":"sec.202","sectionType":"section","heading":"Tribunal approval needed for settlement or withdrawal of representative complaint","content":"### sec.202 Tribunal approval needed for settlement or withdrawal of representative complaint\n\nA representative complaint may be settled or withdrawn only with the approval of the tribunal.\nIf the tribunal gives approval under subsection (1) , the tribunal may make any orders it considers just for the distribution of money paid under a settlement or paid to the tribunal.\ns 202 prev s 202 om 2009 No. 24 s 1343\npres s 202 ins 2024 No. 47 s 47\n(sec.202-ssec.1) A representative complaint may be settled or withdrawn only with the approval of the tribunal.\n(sec.202-ssec.2) If the tribunal gives approval under subsection (1) , the tribunal may make any orders it considers just for the distribution of money paid under a settlement or paid to the tribunal.","sortOrder":250},{"sectionNumber":"sec.203","sectionType":"section","heading":"Notices for representative complaint","content":"### sec.203 Notices for representative complaint\n\nFor a representative complaint, each class member for the complaint must be given notice of the following matters—\nthe making of the complaint and the right of the member to opt out of the complaint before the date fixed by the tribunal under section 195 ;\nthe giving of a written notice of not continuing with the complaint to the tribunal under section 193 ;\nan application to the tribunal for the dismissal of the complaint;\nan application to the tribunal for approval of a settlement of the complaint.\nThe notice must be given by the person, in the way and within the time directed by the tribunal.\nThe tribunal may, by order, direct the person who is required to give the notice to include other information in the notice.\nA notice about a matter for which the tribunal’s leave or approval is required must state the period within which a person may apply to the tribunal, or take some other step, in relation to the matter.\nThe tribunal may direct that notice be given by publishing a notice on a website or in another place likely to be accessible to the class members for the representative complaint.\nThe tribunal must not direct that notice be given personally to each class member for the representative complaint unless the tribunal considers that giving personal notice to each class member would be reasonably practicable and not unduly expensive.\nThe failure of a class member for the representative complaint to receive or respond to a notice does not affect a step taken, or an order made, in the representative complaint.\ns 203 prev s 203 om 2009 No. 24 s 1343\npres s 203 ins 2024 No. 47 s 47\n(sec.203-ssec.1) For a representative complaint, each class member for the complaint must be given notice of the following matters— the making of the complaint and the right of the member to opt out of the complaint before the date fixed by the tribunal under section 195 ; the giving of a written notice of not continuing with the complaint to the tribunal under section 193 ; an application to the tribunal for the dismissal of the complaint; an application to the tribunal for approval of a settlement of the complaint.\n(sec.203-ssec.2) The notice must be given by the person, in the way and within the time directed by the tribunal.\n(sec.203-ssec.3) The tribunal may, by order, direct the person who is required to give the notice to include other information in the notice.\n(sec.203-ssec.4) A notice about a matter for which the tribunal’s leave or approval is required must state the period within which a person may apply to the tribunal, or take some other step, in relation to the matter.\n(sec.203-ssec.5) The tribunal may direct that notice be given by publishing a notice on a website or in another place likely to be accessible to the class members for the representative complaint.\n(sec.203-ssec.6) The tribunal must not direct that notice be given personally to each class member for the representative complaint unless the tribunal considers that giving personal notice to each class member would be reasonably practicable and not unduly expensive.\n(sec.203-ssec.7) The failure of a class member for the representative complaint to receive or respond to a notice does not affect a step taken, or an order made, in the representative complaint.\n- (a) the making of the complaint and the right of the member to opt out of the complaint before the date fixed by the tribunal under section 195 ;\n- (b) the giving of a written notice of not continuing with the complaint to the tribunal under section 193 ;\n- (c) an application to the tribunal for the dismissal of the complaint;\n- (d) an application to the tribunal for approval of a settlement of the complaint.","sortOrder":251},{"sectionNumber":"sec.203A","sectionType":"section","heading":"Directions about conduct of representative complaint","content":"### sec.203A Directions about conduct of representative complaint\n\nThe tribunal may give directions about the conduct of a representative complaint before the tribunal.\ns 203A ins 2024 No. 47 s 47","sortOrder":252},{"sectionNumber":"ch.7-pt.2-div.2","sectionType":"division","heading":"The hearing process","content":"## The hearing process","sortOrder":253},{"sectionNumber":"sec.204","sectionType":"section","heading":"Burden of proof—general","content":"### sec.204 Burden of proof—general\n\nIn a complaint proceeding, if there are facts from which it could be decided, in the absence of any other explanation, that the respondent contravened the provision of the Act the subject of the alleged contravention, the respondent is taken to have contravened the provision.\nSubsection (1) does not apply if the respondent proves, on the balance of probabilities, that the respondent did not contravene the provision.\nSubsection (1) and (2) apply in addition to any other provision of the Act that provides for who has the onus of proving a particular matter.\nSee, for example, section 11 (3) and 205 .\ns 204 sub 2024 No. 47 s 47A\n(sec.204-ssec.1) In a complaint proceeding, if there are facts from which it could be decided, in the absence of any other explanation, that the respondent contravened the provision of the Act the subject of the alleged contravention, the respondent is taken to have contravened the provision.\n(sec.204-ssec.2) Subsection (1) does not apply if the respondent proves, on the balance of probabilities, that the respondent did not contravene the provision.\n(sec.204-ssec.3) Subsection (1) and (2) apply in addition to any other provision of the Act that provides for who has the onus of proving a particular matter. See, for example, section 11 (3) and 205 .","sortOrder":254},{"sectionNumber":"sec.205","sectionType":"section","heading":"Burden of proof—exemption","content":"### sec.205 Burden of proof—exemption\n\nAn exemption is a defence to discrimination, and the person seeking to rely on the exemption has the onus of proving, on the balance of probabilities, that the exemption applies.\nIn this section—\nexemption means an exemption under chapter 2 , part 4 or 5 that applies to discrimination.\ns 205 sub 2024 No. 47 s 47A\n(sec.205-ssec.1) An exemption is a defence to discrimination, and the person seeking to rely on the exemption has the onus of proving, on the balance of probabilities, that the exemption applies.\n(sec.205-ssec.2) In this section— exemption means an exemption under chapter 2 , part 4 or 5 that applies to discrimination.","sortOrder":255},{"sectionNumber":"sec.206","sectionType":"section","heading":null,"content":"### Section sec.206\n\ns 206 om 2024 No. 47 s 47A","sortOrder":256},{"sectionNumber":"sec.207","sectionType":"section","heading":"Commissioner may provide investigation reports","content":"### sec.207 Commissioner may provide investigation reports\n\nThe commissioner may give the tribunal a report relating to the investigation of a complaint which the tribunal is hearing.\nThe report must not contain a record of oral statements made by any person in the course of conciliation.\nThe tribunal must give a copy of the report to the complainant and the respondent.\ns 207 amd 2009 No. 24 s 1344\n(sec.207-ssec.1) The commissioner may give the tribunal a report relating to the investigation of a complaint which the tribunal is hearing.\n(sec.207-ssec.2) The report must not contain a record of oral statements made by any person in the course of conciliation.\n(sec.207-ssec.3) The tribunal must give a copy of the report to the complainant and the respondent.","sortOrder":257},{"sectionNumber":"sec.208","sectionType":"section","heading":"Evaluation of evidence","content":"### sec.208 Evaluation of evidence\n\nThe tribunal is not bound by the rules of evidence and—\nmust have regard to the reasons for the enactment of this Act as stated in the preamble; and\nmay draw conclusions of fact from any proceeding before a court or tribunal; and\nmay adopt any findings or decisions of a court or tribunal that may be relevant to the hearing; and\nmay receive in evidence a report of the commissioner, but only if each party to the hearing has a copy of the report; and\nmay permit any person with an interest in the proceeding to give evidence; and\nmay permit the commissioner to give evidence on any issue arising in the course of a proceeding that relates to the administration of the Act .\nNothing said or done in the course of conciliation can be admitted as evidence in a hearing before the tribunal.\ns 208 amd 2002 No. 74 s 34 ; 2009 No. 24 s 1345\n(sec.208-ssec.1) The tribunal is not bound by the rules of evidence and— must have regard to the reasons for the enactment of this Act as stated in the preamble; and may draw conclusions of fact from any proceeding before a court or tribunal; and may adopt any findings or decisions of a court or tribunal that may be relevant to the hearing; and may receive in evidence a report of the commissioner, but only if each party to the hearing has a copy of the report; and may permit any person with an interest in the proceeding to give evidence; and 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 .\n(sec.208-ssec.2) Nothing said or done in the course of conciliation can be admitted as evidence in a hearing before the tribunal.\n- (a) must have regard to the reasons for the enactment of this Act as stated in the preamble; and\n- (b) may draw conclusions of fact from any proceeding before a court or tribunal; and\n- (c) may adopt any findings or decisions of a court or tribunal that may be relevant to the hearing; and\n- (d) may receive in evidence a report of the commissioner, but only if each party to the hearing has a copy of the report; and\n- (e) may permit any person with an interest in the proceeding to give evidence; and\n- (f) 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 .","sortOrder":258},{"sectionNumber":"ch.7-pt.2-div.3","sectionType":"division","heading":"The post-hearing process","content":"## The post-hearing process","sortOrder":259},{"sectionNumber":"sec.209","sectionType":"section","heading":"Orders the tribunal may make if complaint is proven","content":"### sec.209 Orders the tribunal may make if complaint is proven\n\nIf the tribunal decides that the respondent contravened the Act , the tribunal may make 1 or more of the following orders—\nan order requiring the respondent not to commit a further contravention of the Act against an affected person specified in the order;\nan order requiring the respondent to pay to an affected person, within a specified period, an amount the tribunal considers appropriate as compensation for loss or damage caused by the contravention;\nan order requiring the respondent to do specified things to redress loss or damage suffered by an affected person because of the contravention;\nan order requiring the respondent to make a private apology or retraction;\nan 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;\nan order requiring the respondent to implement programs to eliminate unlawful discrimination;\nan order requiring the respondent to pay interest on an amount of compensation;\nan 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.\nAn order may be made under subsection (1) (b) in favour of a class member for a representative complaint, without the necessity for the class member to make an individual complaint, if on the evidence before it the tribunal is able to assess the loss or damage of the class member.\nIf, in respect of a representative complaint—\nthe tribunal decides that the respondent contravened the Act ; but\nthe tribunal is unable, on the evidence before it at the hearing of the representative complaint, to assess the loss or damage of a class member for the complaint;\nthe class member may subsequently make a request for the tribunal to assess the class member’s loss or damage.\nIn this section, the specified things a respondent may be required to do, include, but are not limited to—\nemploying, reinstating or re-employing a person; or\npromoting a person; or\nmoving a person to a specified position within a specified time.\nThe tribunal may order costs in a complaint as follows—\nfor a representative complaint—against the complainant or the respondent, but not against a class member for the complaint other than the complainant;\notherwise—as provided under the relevant tribunal Act.\nIn this section—\naffected person, in relation to an order by the tribunal about a complaint, means—\nthe complainant; or\nfor a representative complaint, a class member for the complaint; or\nanother person stated in the order.\ndamage , in relation to a person, includes the offence, embarrassment, humiliation, and intimidation suffered by the person.\ns 209 amd 2002 No. 74 s 35 ; 2009 No. 24 s 1346 ; 2024 No. 47 s 48\n(sec.209-ssec.1) If the tribunal decides that the respondent contravened the Act , the tribunal may make 1 or more of the following orders— an order requiring the respondent not to commit a further contravention of the Act against an affected person specified in the order; an order requiring the respondent to pay to an affected person, within a specified period, an amount the tribunal considers appropriate as compensation for loss or damage caused by the contravention; an order requiring the respondent to do specified things to redress loss or damage suffered by an affected person because of the contravention; an order requiring the respondent to make a private apology or retraction; 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; an order requiring the respondent to implement programs to eliminate unlawful discrimination; an order requiring the respondent to pay interest on an amount of compensation; 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.\n(sec.209-ssec.2) An order may be made under subsection (1) (b) in favour of a class member for a representative complaint, without the necessity for the class member to make an individual complaint, if on the evidence before it the tribunal is able to assess the loss or damage of the class member.\n(sec.209-ssec.3) If, in respect of a representative complaint— the tribunal decides that the respondent contravened the Act ; but the tribunal is unable, on the evidence before it at the hearing of the representative complaint, to assess the loss or damage of a class member for the complaint; the class member may subsequently make a request for the tribunal to assess the class member’s loss or damage.\n(sec.209-ssec.4) In this section, the specified things a respondent may be required to do, include, but are not limited to— employing, reinstating or re-employing a person; or promoting a person; or moving a person to a specified position within a specified time.\n(sec.209-ssec.5) The tribunal may order costs in a complaint as follows— for a representative complaint—against the complainant or the respondent, but not against a class member for the complaint other than the complainant; otherwise—as provided under the relevant tribunal Act.\n(sec.209-ssec.6) In this section— affected person, in relation to an order by the tribunal about a complaint, means— the complainant; or for a representative complaint, a class member for the complaint; or another person stated in the order. damage , in relation to a person, includes the offence, embarrassment, humiliation, and intimidation suffered by the person.\n- (a) an order requiring the respondent not to commit a further contravention of the Act against an affected person specified in the order;\n- (b) an order requiring the respondent to pay to an affected person, within a specified period, an amount the tribunal considers appropriate as compensation for loss or damage caused by the contravention;\n- (c) an order requiring the respondent to do specified things to redress loss or damage suffered by an affected person because of the contravention;\n- (d) an order requiring the respondent to make a private apology or retraction;\n- (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;\n- (f) an order requiring the respondent to implement programs to eliminate unlawful discrimination;\n- (g) an order requiring the respondent to pay interest on an amount of compensation;\n- (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.\n- (a) the tribunal decides that the respondent contravened the Act ; but\n- (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 class member for the complaint;\n- (a) employing, reinstating or re-employing a person; or\n- (b) promoting a person; or\n- (c) moving a person to a specified position within a specified time.\n- (a) for a representative complaint—against the complainant or the respondent, but not against a class member for the complaint other than the complainant;\n- (b) otherwise—as provided under the relevant tribunal Act.\n- (a) the complainant; or\n- (b) for a representative complaint, a class member for the complaint; or\n- (c) another person stated in the order.","sortOrder":260},{"sectionNumber":"sec.210","sectionType":"section","heading":"Tribunal may dismiss complaint","content":"### sec.210 Tribunal may dismiss complaint\n\nAfter a hearing, the tribunal may make an order dismissing a complaint.","sortOrder":261},{"sectionNumber":"sec.211","sectionType":"section","heading":null,"content":"### Section sec.211\n\ns 211 om 2009 No. 24 s 1347","sortOrder":262},{"sectionNumber":"sec.212","sectionType":"section","heading":null,"content":"### Section sec.212\n\ns 212 amd 1993 No. 76 s 3 sch 1\nom 2009 No. 24 s 1347","sortOrder":263},{"sectionNumber":"sec.213","sectionType":"section","heading":null,"content":"### Section sec.213\n\ns 213 amd 2002 No. 74 s 36\nom 2009 No. 24 s 1347","sortOrder":264},{"sectionNumber":"ch.7-pt.2-div.3A","sectionType":"division","heading":null,"content":"","sortOrder":265},{"sectionNumber":"sec.213A","sectionType":"section","heading":null,"content":"### Section sec.213A\n\ns 213A ins 2002 No. 74 s 37\nom 2009 No. 24 s 1348","sortOrder":266},{"sectionNumber":"sec.213B","sectionType":"section","heading":null,"content":"### Section sec.213B\n\ns 213B ins 2002 No. 74 s 37\nom 2009 No. 24 s 1348","sortOrder":267},{"sectionNumber":"sec.213C","sectionType":"section","heading":null,"content":"### Section sec.213C\n\ns 213C ins 2002 No. 74 s 37\namd 2005 No. 70 s 23\nom 2009 No. 24 s 1348","sortOrder":268},{"sectionNumber":"sec.213D","sectionType":"section","heading":null,"content":"### Section sec.213D\n\ns 213D ins 2002 No. 74 s 37\namd 2007 No. 37 s 5 sch\nom 2009 No. 24 s 1348","sortOrder":269},{"sectionNumber":"ch.7-pt.2-div.4","sectionType":"division","heading":null,"content":"","sortOrder":270},{"sectionNumber":"sec.214","sectionType":"section","heading":null,"content":"### Section sec.214\n\ns 214 amd 2005 No. 70 s 24\nom 2009 No. 24 s 1348","sortOrder":271},{"sectionNumber":"sec.215","sectionType":"section","heading":null,"content":"### Section sec.215\n\ns 215 amd 2005 No. 70 s 25\nom 2009 No. 24 s 1348","sortOrder":272},{"sectionNumber":"sec.215A","sectionType":"section","heading":null,"content":"### Section sec.215A\n\ns 215A ins 2002 No. 74 s 38\namd 2003 No. 77 s 19\nom 2009 No. 24 s 1348","sortOrder":273},{"sectionNumber":"sec.216","sectionType":"section","heading":null,"content":"### Section sec.216\n\ns 216 amd 1995 No. 58 s 4 sch 1\nsub 2002 No. 74 s 39\nom 2009 No. 24 s 1348","sortOrder":274},{"sectionNumber":"sec.217","sectionType":"section","heading":null,"content":"### Section sec.217\n\ns 217 om 2009 No. 24 s 1348","sortOrder":275},{"sectionNumber":"sec.218","sectionType":"section","heading":null,"content":"### Section sec.218\n\ns 218 amd 1992 No. 36 s 2 sch 2\nom 2009 No. 24 s 1348","sortOrder":276},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":277},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Offences (no complaint)","content":"# Offences (no complaint)","sortOrder":278},{"sectionNumber":"ch.7-pt.4-div.1","sectionType":"division","heading":"Creation of offences to assist in enforcement","content":"## Creation of offences to assist in enforcement","sortOrder":279},{"sectionNumber":"sec.219","sectionType":"section","heading":"Creation of offences","content":"### sec.219 Creation of offences\n\nA number of offences are created under the Act to assist in the enforcement of the Act ’s purposes.","sortOrder":280},{"sectionNumber":"ch.7-pt.4-div.2","sectionType":"division","heading":"Improper communication offence","content":"## Improper communication offence","sortOrder":281},{"sectionNumber":"sec.220","sectionType":"section","heading":"Improper communication of official information","content":"### sec.220 Improper communication of official information\n\nA person—\nwho is or has been—\nthe commissioner; or\na member of the former Anti-Discrimination Tribunal; or\nthe registrar of the former Anti-Discrimination Tribunal; or\na member of the staff of the commission or the former Anti-Discrimination Tribunal; or\na person acting under the direction or authority of the commissioner or a member of the former Anti-Discrimination Tribunal; or\na person acting under a delegation under section 244 ; and\nwho, in that capacity, acquired information about a person’s affairs or has custody of, or access to, a document about a person’s affairs;\nmust not—\nmake a record of the information; or\ncommunicate the information or produce the document to another person.\nMaximum penalty—\nin the case of an individual—85 penalty units or imprisonment for 12 months; or\nin the case of a corporation—170 penalty units.\nSubsection (1) does not apply to making a record of information, communicating information or producing a document if—\nthat is required for the performance of a function in connection with this Act; or\nthat is required or permitted by another Act (whether of the Commonwealth or a State).\nSubsection (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).\nIn this section—\nformer Anti-Discrimination Tribunal means the Anti-Discrimination Tribunal established under previous section 247 .\nprevious section 247 means section 247 as in force before its repeal by the QCAT Amendment Act .\nproduce includes permit access to.\nQCAT Amendment Act means the Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 .\ns 220 amd 2009 No. 24 s 1349 ; 2010 No. 42 s 214 sch\n(sec.220-ssec.1) A person— who is or has been— the commissioner; or a member of the former Anti-Discrimination Tribunal; or the registrar of the former Anti-Discrimination Tribunal; or a member of the staff of the commission or the former Anti-Discrimination Tribunal; or a person acting under the direction or authority of the commissioner or a member of the former Anti-Discrimination Tribunal; or a person acting under a delegation under section 244 ; and 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— make a record of the information; or communicate the information or produce the document to another person. Maximum penalty— in the case of an individual—85 penalty units or imprisonment for 12 months; or in the case of a corporation—170 penalty units.\n(sec.220-ssec.2) Subsection (1) does not apply to making a record of information, communicating information or producing a document if— that is required for the performance of a function in connection with this Act; or that is required or permitted by another Act (whether of the Commonwealth or a State).\n(sec.220-ssec.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).\n(sec.220-ssec.4) In this section— former Anti-Discrimination Tribunal means the Anti-Discrimination Tribunal established under previous section 247 . previous section 247 means section 247 as in force before its repeal by the QCAT Amendment Act . produce includes permit access to. QCAT Amendment Act means the Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 .\n- (a) who is or has been— (i) the commissioner; or (ii) a member of the former Anti-Discrimination Tribunal; or (iii) the registrar of the former Anti-Discrimination Tribunal; or (iv) a member of the staff of the commission or the former Anti-Discrimination Tribunal; or (v) a person acting under the direction or authority of the commissioner or a member of the former Anti-Discrimination Tribunal; or (vi) a person acting under a delegation under section 244 ; and\n- (i) the commissioner; or\n- (ii) a member of the former Anti-Discrimination Tribunal; or\n- (iii) the registrar of the former Anti-Discrimination Tribunal; or\n- (iv) a member of the staff of the commission or the former Anti-Discrimination Tribunal; or\n- (v) a person acting under the direction or authority of the commissioner or a member of the former Anti-Discrimination Tribunal; or\n- (vi) a person acting under a delegation under section 244 ; and\n- (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;\n- (i) the commissioner; or\n- (ii) a member of the former Anti-Discrimination Tribunal; or\n- (iii) the registrar of the former Anti-Discrimination Tribunal; or\n- (iv) a member of the staff of the commission or the former Anti-Discrimination Tribunal; or\n- (v) a person acting under the direction or authority of the commissioner or a member of the former Anti-Discrimination Tribunal; or\n- (vi) a person acting under a delegation under section 244 ; and\n- (c) make a record of the information; or\n- (d) communicate the information or produce the document to another person.\n- (a) in the case of an individual—85 penalty units or imprisonment for 12 months; or\n- (b) in the case of a corporation—170 penalty units.\n- (a) that is required for the performance of a function in connection with this Act; or\n- (b) that is required or permitted by another Act (whether of the Commonwealth or a State).","sortOrder":282},{"sectionNumber":"ch.7-pt.4-div.3","sectionType":"division","heading":"Offences against the commissioner and staff","content":"## Offences against the commissioner and staff","sortOrder":283},{"sectionNumber":"sec.221","sectionType":"section","heading":"False or misleading information","content":"### sec.221 False or misleading information\n\nA person must not knowingly or recklessly provide false or misleading information to a person performing a function under this Act or the Human Rights Act 2019 .\nMaximum penalty—\nin the case of an individual—45 penalty units or imprisonment for 3 months; or\nin the case of a corporation—170 penalty units.\ns 221 amd 2010 No. 42 s 214 sch ; 2019 No. 5 s 114\n- (a) in the case of an individual—45 penalty units or imprisonment for 3 months; or\n- (b) in the case of a corporation—170 penalty units.","sortOrder":284},{"sectionNumber":"sec.222","sectionType":"section","heading":"Obstruction","content":"### sec.222 Obstruction\n\nA person must not consciously hinder or use insulting language towards a person who is performing a function under this Act or the Human Rights Act 2019 .\nMaximum penalty—\nin the case of an individual—35 penalty units; or\nin the case of a corporation—170 penalty units.\ns 222 amd 1992 No. 36 s 2 sch 2 ; 2010 No. 42 s 214 sch ; 2019 No. 5 s 115\n- (a) in the case of an individual—35 penalty units; or\n- (b) in the case of a corporation—170 penalty units.","sortOrder":285},{"sectionNumber":"sec.223","sectionType":"section","heading":"Contempt of commission","content":"### sec.223 Contempt of commission\n\nIn 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.\nFor the purposes of the law relating to contempt of court, the commission is to be treated as a court.\ns 223 amd 2024 No. 47 s 49 (uncommenced amendment)\n(sec.223-ssec.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.\n(sec.223-ssec.2) For the purposes of the law relating to contempt of court, the commission is to be treated as a court.","sortOrder":286},{"sectionNumber":"sec.224","sectionType":"section","heading":null,"content":"### Section sec.224\n\ns 224 om 2009 No. 24 s 1351","sortOrder":287},{"sectionNumber":"ch.7-pt.4-div.4","sectionType":"division","heading":null,"content":"","sortOrder":288},{"sectionNumber":"sec.225","sectionType":"section","heading":null,"content":"### Section sec.225\n\ns 225 om 2009 No. 4 s 124 (1) sch 2","sortOrder":289},{"sectionNumber":"ch.7-pt.4-div.5","sectionType":"division","heading":"Procedure","content":"## Procedure","sortOrder":290},{"sectionNumber":"sec.226","sectionType":"section","heading":"Proceedings for offences","content":"### sec.226 Proceedings for offences\n\nA prosecution for an offence against this Act or the Human Rights Act 2019 is to be by way of summary proceeding under the Justices Act 1886 on complaint of—\nthe commissioner; or\na person authorised by the commissioner for that purpose.\nA proceeding for an offence against this Act or the Human Rights Act 2019 is to be taken—\nwithin 1 year after the offence is committed; or\nwithin 6 months after the offence comes to the commissioner’s knowledge;\nwhichever period ends last, but a proceeding is not to be taken more than 2 years after the offence is committed.\nIn addition to the places where a complaint for an offence against this Act or the Human Rights Act 2019 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.\nThe authority of a person referred to in subsection (1) (b) to make a complaint is to be presumed until the contrary is proved.\ns 226 amd 2019 No. 5 s 116\n(sec.226-ssec.1) A prosecution for an offence against this Act or the Human Rights Act 2019 is to be by way of summary proceeding under the Justices Act 1886 on complaint of— the commissioner; or a person authorised by the commissioner for that purpose.\n(sec.226-ssec.2) A proceeding for an offence against this Act or the Human Rights Act 2019 is to be taken— within 1 year after the offence is committed; or 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.\n(sec.226-ssec.3) In addition to the places where a complaint for an offence against this Act or the Human Rights Act 2019 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.\n(sec.226-ssec.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.\n- (a) the commissioner; or\n- (b) a person authorised by the commissioner for that purpose.\n- (a) within 1 year after the offence is committed; or\n- (b) within 6 months after the offence comes to the commissioner’s knowledge;","sortOrder":291},{"sectionNumber":"sec.226A","sectionType":"section","heading":"Continuing prohibition on identity disclosure","content":"### sec.226A Continuing prohibition on identity disclosure\n\nThis section applies if—\nunder section 191 (1) , the tribunal makes an order prohibiting the disclosure of the identity of a person (the relevant person ); and\na court is hearing—\na prosecution for an offence under section 191 (2) relating to the order; or\nan appeal relating to a prosecution for an offence under section 191 (2) relating to the order; and\nthe 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.\nThe court may make an order prohibiting the disclosure of the relevant person’s identity.\nA contravention of an order made under subsection (2) is a contempt of the court.\ns 226A ins 2001 No. 35 s 12\n(sec.226A-ssec.1) This section applies if— under section 191 (1) , the tribunal makes an order prohibiting the disclosure of the identity of a person (the relevant person ); and a court is hearing— a prosecution for an offence under section 191 (2) relating to the order; or an appeal relating to a prosecution for an offence under section 191 (2) relating to the order; and 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.\n(sec.226A-ssec.2) The court may make an order prohibiting the disclosure of the relevant person’s identity.\n(sec.226A-ssec.3) A contravention of an order made under subsection (2) is a contempt of the court.\n- (a) under section 191 (1) , the tribunal makes an order prohibiting the disclosure of the identity of a person (the relevant person ); and\n- (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\n- (i) a prosecution for an offence under section 191 (2) relating to the order; or\n- (ii) an appeal relating to a prosecution for an offence under section 191 (2) relating to the order; and\n- (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.\n- (i) a prosecution for an offence under section 191 (2) relating to the order; or\n- (ii) an appeal relating to a prosecution for an offence under section 191 (2) relating to the order; and","sortOrder":292},{"sectionNumber":"sec.226B","sectionType":"section","heading":null,"content":"### Section sec.226B\n\ns 226B ins 2001 No. 35 s 12\nom 2009 No. 24 s 1351","sortOrder":293},{"sectionNumber":"ch.7-pt.5","sectionType":"part","heading":"Proceedings involving unincorporated association","content":"# Proceedings involving unincorporated association","sortOrder":294},{"sectionNumber":"sec.227","sectionType":"section","heading":"Unincorporated association represented by committee member","content":"### sec.227 Unincorporated association represented by committee member\n\nIf a proceeding under this Act involves an unincorporated association—\nthe president; or\nthe secretary; or\nanother member of the committee of management;\nis to be the nominal party.\nIf the nominal party ceases to hold office, the person’s successor (whether or not acting) is to be substituted as the nominal party.\n(sec.227-ssec.1) If a proceeding under this Act involves an unincorporated association— the president; or the secretary; or another member of the committee of management; is to be the nominal party.\n(sec.227-ssec.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.\n- (a) the president; or\n- (b) the secretary; or\n- (c) another member of the committee of management;","sortOrder":295},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"The Queensland Human Rights Commission","content":"# The Queensland Human Rights Commission","sortOrder":296},{"sectionNumber":"sec.234","sectionType":"section","heading":"The Queensland Human Rights Commission and Human Rights Commissioner","content":"### sec.234 The Queensland Human Rights Commission and Human Rights Commissioner\n\nThe Queensland Human Rights Commission is established.\nThere is to be a Human Rights Commissioner.\nThe commission consists of the commissioner and the staff of the commission.\ns 234 sub 2019 No. 5 s 118\n(sec.234-ssec.1) The Queensland Human Rights Commission is established.\n(sec.234-ssec.2) There is to be a Human Rights Commissioner.\n(sec.234-ssec.3) The commission consists of the commissioner and the staff of the commission.","sortOrder":297},{"sectionNumber":"sec.235","sectionType":"section","heading":"Commission’s functions","content":"### sec.235 Commission’s functions\n\nThe commission has the following functions—\nto inquire into complaints and, where possible, to effect conciliation;\nto carry out investigations relating to contraventions of the Act ;\nto 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;\nto 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;\nto consult with various organisations to ascertain means of improving services and conditions affecting groups that are subjected to contraventions of the Act ;\nwhen 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 ;\nsuch functions as are conferred on the commission under another Act;\nsuch functions as are conferred on the commission under an arrangement with the Commonwealth under part 3 ;\nto promote an understanding and acceptance, and the public discussion, of human rights in Queensland;\nif 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;\nsuch other functions as the Minister determines;\nto take any action incidental or conducive to the discharge of the above functions.\ns 235 amd 2024 No. 47 s 50 (uncommenced amendment)\n- (a) to inquire into complaints and, where possible, to effect conciliation;\n- (b) to carry out investigations relating to contraventions of the Act ;\n- (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;\n- (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;\n- (e) to consult with various organisations to ascertain means of improving services and conditions affecting groups that are subjected to contraventions of the Act ;\n- (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 ;\n- (g) such functions as are conferred on the commission under another Act;\n- (h) such functions as are conferred on the commission under an arrangement with the Commonwealth under part 3 ;\n- (i) to promote an understanding and acceptance, and the public discussion, of human rights in Queensland;\n- (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;\n- (k) such other functions as the Minister determines;\n- (l) to take any action incidental or conducive to the discharge of the above functions.","sortOrder":298},{"sectionNumber":"sec.236","sectionType":"section","heading":"Commissioner’s powers","content":"### sec.236 Commissioner’s powers\n\nThe commissioner has the powers given by the Act .\nThe 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.\nIf 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.\ns 236 amd 2002 No. 74 s 40\n(sec.236-ssec.1) The commissioner has the powers given by the Act .\n(sec.236-ssec.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.\n(sec.236-ssec.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.","sortOrder":299},{"sectionNumber":"sec.237","sectionType":"section","heading":"Financial administration","content":"### sec.237 Financial administration\n\nFor the purposes of the Financial Accountability Act 2009 , the commission is a statutory body within the meaning of that Act.\ns 237 amd 2009 No. 9 s 136 sch 1","sortOrder":300},{"sectionNumber":"sec.237A","sectionType":"section","heading":"Commission is statutory body","content":"### sec.237A Commission is statutory body\n\nThe commission is a statutory body for the Statutory Bodies Financial Arrangements Act 1982 .\nThe 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 .\ns 237A ins 1996 No. 54 s 9 sch\n(sec.237A-ssec.1) The commission is a statutory body for the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.237A-ssec.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 .","sortOrder":301},{"sectionNumber":"sec.238","sectionType":"section","heading":"Appointment of commissioner","content":"### sec.238 Appointment of commissioner\n\nThe commissioner is to be appointed by the Governor in Council.\nSubject 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.\nThe commissioner is to be appointed under this Act, and not under the Public Sector Act 2022 .\ns 238 amd 1996 No. 37 s 147 sch 2 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.238-ssec.1) The commissioner is to be appointed by the Governor in Council.\n(sec.238-ssec.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.\n(sec.238-ssec.3) The commissioner is to be appointed under this Act, and not under the Public Sector Act 2022 .","sortOrder":302},{"sectionNumber":"sec.239","sectionType":"section","heading":"Terms of appointment","content":"### sec.239 Terms of appointment\n\nThe commissioner is to be paid such remuneration and allowances as are determined by the Governor in Council.\nThe commissioner holds office on such terms, not provided for by the Act , as are determined by the Governor in Council.\n(sec.239-ssec.1) The commissioner is to be paid such remuneration and allowances as are determined by the Governor in Council.\n(sec.239-ssec.2) The commissioner holds office on such terms, not provided for by the Act , as are determined by the Governor in Council.","sortOrder":303},{"sectionNumber":"sec.240","sectionType":"section","heading":"Preservation of rights","content":"### sec.240 Preservation of rights\n\nIf a public service officer is appointed as the commissioner, the person retains—\nany long service leave and other leave entitlements accrued or accruing; and\nany other rights and entitlements accrued or accruing under that Act and any other Act;\nas if the person’s service as commissioner were a continuation of the person’s service as a public service officer.\ns 240 amd 1996 No. 37 s 147 sch 2\n- (a) any long service leave and other leave entitlements accrued or accruing; and\n- (b) any other rights and entitlements accrued or accruing under that Act and any other Act;","sortOrder":304},{"sectionNumber":"sec.241","sectionType":"section","heading":"Leave of absence","content":"### sec.241 Leave of absence\n\nThe Minister may grant leave of absence to the commissioner on such terms as the Minister considers appropriate.","sortOrder":305},{"sectionNumber":"sec.242","sectionType":"section","heading":"Resignation","content":"### sec.242 Resignation\n\nThe commissioner may resign by signed notice delivered to the Governor.","sortOrder":306},{"sectionNumber":"sec.243","sectionType":"section","heading":"Termination of appointment","content":"### sec.243 Termination of appointment\n\nThe Governor in Council may terminate the appointment of the commissioner if the commissioner—\nbecomes physically or mentally incapable of satisfactorily performing the duties of office; or\nis guilty of misconduct of a kind that could warrant dismissal from the public service if the commissioner were an officer of the public service; or\nis absent, without the Minister’s leave and without reasonable excuse, for 14 consecutive days or 28 days in any 12 months.\nThe Governor in Council must terminate the appointment of the commissioner if the commissioner—\nis convicted of an indictable offence (whether in Queensland or elsewhere); or\nbecomes 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\nengages in paid employment outside the duties of office without the Minister’s approval.\ns 243 amd 2019 No. 5 s 119\n(sec.243-ssec.1) The Governor in Council may terminate the appointment of the commissioner if the commissioner— becomes physically or mentally incapable of satisfactorily performing the duties of office; or is guilty of misconduct of a kind that could warrant dismissal from the public service if the commissioner were an officer of the public service; or is absent, without the Minister’s leave and without reasonable excuse, for 14 consecutive days or 28 days in any 12 months.\n(sec.243-ssec.2) The Governor in Council must terminate the appointment of the commissioner if the commissioner— is convicted of an indictable offence (whether in Queensland or elsewhere); or 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 engages in paid employment outside the duties of office without the Minister’s approval.\n- (a) becomes physically or mentally incapable of satisfactorily performing the duties of office; or\n- (b) is guilty of misconduct of a kind that could warrant dismissal from the public service if the commissioner were an officer of the public service; or\n- (c) is absent, without the Minister’s leave and without reasonable excuse, for 14 consecutive days or 28 days in any 12 months.\n- (a) is convicted of an indictable offence (whether in Queensland or elsewhere); or\n- (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\n- (c) engages in paid employment outside the duties of office without the Minister’s approval.","sortOrder":307},{"sectionNumber":"sec.244","sectionType":"section","heading":"Delegation of power or function by commissioner","content":"### sec.244 Delegation of power or function by commissioner\n\nThe commissioner may delegate to a person powers or functions under—\nthis or any other Act; or\nan arrangement made by the Minister with a Commonwealth Minister.\ns 244 amd 2019 No. 5 s 120\n- (a) this or any other Act; or\n- (b) an arrangement made by the Minister with a Commonwealth Minister.","sortOrder":308},{"sectionNumber":"sec.245","sectionType":"section","heading":"Acting commissioner","content":"### sec.245 Acting commissioner\n\nThe Governor in Council may appoint a person to act as commissioner—\nduring a vacancy in the office; or\nduring 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.\n- (a) during a vacancy in the office; or\n- (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.","sortOrder":309},{"sectionNumber":"sec.246","sectionType":"section","heading":"Commission staff","content":"### sec.246 Commission staff\n\nThe staff of the commission are to be employed under the Public Sector Act 2022 .\ns 246 amd 1996 No. 37 s 147 sch 2 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3","sortOrder":310},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Strategic reviews","content":"# Strategic reviews","sortOrder":311},{"sectionNumber":"sec.246A","sectionType":"section","heading":null,"content":"### Section sec.246A\n\ns 246A ins 2005 No. 70 s 26\nom 2009 No. 24 s 1354","sortOrder":312},{"sectionNumber":"sec.247","sectionType":"section","heading":"Strategic review of commission","content":"### sec.247 Strategic review of commission\n\nStrategic reviews of the commission are to be conducted under this part.\nA strategic review is to be conducted at least every 5 years, counting from when the report (the earlier report ) for the most recent earlier strategic review was given to the Minister and the commissioner under section 249 (4) , up to when the reviewer is appointed under subsection (4) to undertake the latest strategic review.\nHowever, if the parliamentary committee reported to the Legislative Assembly about the earlier report, and the committee’s report made recommendations to which a Minister was required to respond under the Parliament of Queensland Act 2001 , section 107 , the 5 years is counted from when the Minister’s response was tabled under that section.\nEach strategic review is to be undertaken by an appropriately qualified person ( reviewer ), appointed by the Governor in Council, who is to give a report on the review under section 249 .\nFor subsection (4) , a corporation is an appropriately qualified person if a director, employee or other staff member of the corporation is appropriately qualified to undertake the review.\nThe terms of reference for a strategic review are to be decided by the Governor in Council.\nBefore a reviewer is appointed to conduct a strategic review, the Minister must consult with the parliamentary committee and the commissioner about—\nthe appointment of the reviewer; and\nthe terms of reference for the review.\nThe remuneration and other terms of appointment of the reviewer are as decided by the Governor in Council.\nIn this section—\nstrategic review includes—\na review of the commission’s functions; and\na review of the commission’s performance of the functions to assess whether they are being performed economically, effectively and efficiently.\ns 247 prev s 247 om 2009 No. 24 s 1354\npres s 247 ins 2022 No. 34 s 336B\n(sec.247-ssec.1) Strategic reviews of the commission are to be conducted under this part.\n(sec.247-ssec.2) A strategic review is to be conducted at least every 5 years, counting from when the report (the earlier report ) for the most recent earlier strategic review was given to the Minister and the commissioner under section 249 (4) , up to when the reviewer is appointed under subsection (4) to undertake the latest strategic review.\n(sec.247-ssec.3) However, if the parliamentary committee reported to the Legislative Assembly about the earlier report, and the committee’s report made recommendations to which a Minister was required to respond under the Parliament of Queensland Act 2001 , section 107 , the 5 years is counted from when the Minister’s response was tabled under that section.\n(sec.247-ssec.4) Each strategic review is to be undertaken by an appropriately qualified person ( reviewer ), appointed by the Governor in Council, who is to give a report on the review under section 249 .\n(sec.247-ssec.5) For subsection (4) , a corporation is an appropriately qualified person if a director, employee or other staff member of the corporation is appropriately qualified to undertake the review.\n(sec.247-ssec.6) The terms of reference for a strategic review are to be decided by the Governor in Council.\n(sec.247-ssec.7) Before a reviewer is appointed to conduct a strategic review, the Minister must consult with the parliamentary committee and the commissioner about— the appointment of the reviewer; and the terms of reference for the review.\n(sec.247-ssec.8) The remuneration and other terms of appointment of the reviewer are as decided by the Governor in Council.\n(sec.247-ssec.9) In this section— strategic review includes— a review of the commission’s functions; and a review of the commission’s performance of the functions to assess whether they are being performed economically, effectively and efficiently.\n- (a) the appointment of the reviewer; and\n- (b) the terms of reference for the review.\n- (a) a review of the commission’s functions; and\n- (b) a review of the commission’s performance of the functions to assess whether they are being performed economically, effectively and efficiently.","sortOrder":313},{"sectionNumber":"sec.248","sectionType":"section","heading":"Conduct of strategic review","content":"### sec.248 Conduct of strategic review\n\nIn conducting a strategic review—\nthe reviewer has the powers an authorised auditor has under the Auditor-General Act 2009 for an audit of an entity; and\nthat Act and other Acts apply to the reviewer as if the reviewer were an authorised auditor conducting an audit of an entity.\ns 248 prev s 248 om 2009 No. 24 s 1354\npres s 248 ins 2022 No. 34 s 336B\n- (a) the reviewer has the powers an authorised auditor has under the Auditor-General Act 2009 for an audit of an entity; and\n- (b) that Act and other Acts apply to the reviewer as if the reviewer were an authorised auditor conducting an audit of an entity.","sortOrder":314},{"sectionNumber":"sec.249","sectionType":"section","heading":"Report of strategic review","content":"### sec.249 Report of strategic review\n\nThe reviewer for a strategic review must give a copy of the proposed report on the review to the Minister and the commissioner.\nThe commissioner may, within 21 days after receiving the proposed report, give the reviewer written comments on anything in the proposed report.\nIf the commissioner comments under subsection (2) , the reviewer must—\nif the reviewer and commissioner can agree about how to dispose of a comment—incorporate into the report any agreed amendment necessary to dispose of the comment; or\nif the reviewer and commissioner can not agree about how to dispose of a comment—include the comment, in full, in the report.\nAfter complying with subsections (1) and (3) , the reviewer must give the report ( review report ) to the Minister and the commissioner.\nThe review report must be the same as the proposed report given to the Minister and the commissioner under subsection (1) , apart from the changes made under subsection (3) .\nThe Minister must table the review report in the Legislative Assembly within 3 sitting days after the Minister receives the report.\nFor the Parliament of Queensland Act 2001 , section 92 (2) , the report is referred to the parliamentary committee.\ns 249 prev s 249 amd 1992 No. 59 s 5 ; 2003 No. 77 s 20\nom 2009 No. 24 s 1354\npres s 249 ins 2022 No. 34 s 336B\n(sec.249-ssec.1) The reviewer for a strategic review must give a copy of the proposed report on the review to the Minister and the commissioner.\n(sec.249-ssec.2) The commissioner may, within 21 days after receiving the proposed report, give the reviewer written comments on anything in the proposed report.\n(sec.249-ssec.3) If the commissioner comments under subsection (2) , the reviewer must— if the reviewer and commissioner can agree about how to dispose of a comment—incorporate into the report any agreed amendment necessary to dispose of the comment; or if the reviewer and commissioner can not agree about how to dispose of a comment—include the comment, in full, in the report.\n(sec.249-ssec.4) After complying with subsections (1) and (3) , the reviewer must give the report ( review report ) to the Minister and the commissioner.\n(sec.249-ssec.5) The review report must be the same as the proposed report given to the Minister and the commissioner under subsection (1) , apart from the changes made under subsection (3) .\n(sec.249-ssec.6) The Minister must table the review report in the Legislative Assembly within 3 sitting days after the Minister receives the report.\n(sec.249-ssec.7) For the Parliament of Queensland Act 2001 , section 92 (2) , the report is referred to the parliamentary committee.\n- (a) if the reviewer and commissioner can agree about how to dispose of a comment—incorporate into the report any agreed amendment necessary to dispose of the comment; or\n- (b) if the reviewer and commissioner can not agree about how to dispose of a comment—include the comment, in full, in the report.","sortOrder":315},{"sectionNumber":"sec.250","sectionType":"section","heading":null,"content":"### Section sec.250\n\ns 250 amd 1993 No. 32 s 3 sch 1 ; 1996 No. 37 s 147 sch 2\nom 2009 No. 24 s 1354","sortOrder":316},{"sectionNumber":"sec.251","sectionType":"section","heading":null,"content":"### Section sec.251\n\ns 251 amd 1993 No. 32 s 3 sch 1\nom 2009 No. 24 s 1354","sortOrder":317},{"sectionNumber":"sec.252","sectionType":"section","heading":null,"content":"### Section sec.252\n\ns 252 om 2009 No. 24 s 1354","sortOrder":318},{"sectionNumber":"sec.253","sectionType":"section","heading":null,"content":"### Section sec.253\n\ns 253 om 2009 No. 24 s 1354","sortOrder":319},{"sectionNumber":"sec.254","sectionType":"section","heading":null,"content":"### Section sec.254\n\ns 254 om 2009 No. 24 s 1354","sortOrder":320},{"sectionNumber":"sec.255","sectionType":"section","heading":null,"content":"### Section sec.255\n\ns 255 om 2009 No. 24 s 1354","sortOrder":321},{"sectionNumber":"sec.256","sectionType":"section","heading":null,"content":"### Section sec.256\n\ns 256 om 2009 No. 24 s 1354","sortOrder":322},{"sectionNumber":"sec.257","sectionType":"section","heading":null,"content":"### Section sec.257\n\ns 257 amd 1996 No. 37 s 147 sch 2 ; 2003 No. 77 s 21 ; 2009 No. 25 s 83 sch\nom 2009 No. 24 s 1354","sortOrder":323},{"sectionNumber":"sec.257A","sectionType":"section","heading":null,"content":"### Section sec.257A\n\ns 257A ins 2003 No. 77 s 22\nom 2009 No. 24 s 1354","sortOrder":324},{"sectionNumber":"ch.9-pt.3","sectionType":"part","heading":"Commonwealth/State arrangement","content":"# Commonwealth/State arrangement","sortOrder":325},{"sectionNumber":"sec.258","sectionType":"section","heading":"Performance of functions","content":"### sec.258 Performance of functions\n\nThe Minister may make an arrangement with a Commonwealth Minister for or in relation to—\nthe performance on a joint basis of any functions of the commission or the registrar of the tribunal; or\nthe performance by the Commonwealth or a Commonwealth instrumentality on behalf of the State of any functions of the commission or the registrar; or\nthe performance by the commission or the registrar of functions on behalf of the Commonwealth.\n- (a) the performance on a joint basis of any functions of the commission or the registrar of the tribunal; or\n- (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\n- (c) the performance by the commission or the registrar of functions on behalf of the Commonwealth.","sortOrder":326},{"sectionNumber":"sec.259","sectionType":"section","heading":"Necessary provisions","content":"### sec.259 Necessary provisions\n\nAn 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.","sortOrder":327},{"sectionNumber":"sec.260","sectionType":"section","heading":"Act performed under arrangement","content":"### sec.260 Act performed under arrangement\n\nAn 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.","sortOrder":328},{"sectionNumber":"sec.261","sectionType":"section","heading":"Alterations","content":"### sec.261 Alterations\n\nThe 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.","sortOrder":329},{"sectionNumber":"sec.262","sectionType":"section","heading":"Form of alterations","content":"### sec.262 Form of alterations\n\nAn 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.","sortOrder":330},{"sectionNumber":"sec.263","sectionType":"section","heading":"Arrangement to prevail","content":"### sec.263 Arrangement to prevail\n\nTo the extent that an arrangement made under this part is inconsistent with sections 237 to 243 , 245 and 246 , the arrangement is to prevail.\ns 263 amd 2009 No. 24 s 1355","sortOrder":331},{"sectionNumber":"ch.10-pt.1","sectionType":"part","heading":"Service","content":"# Service","sortOrder":332},{"sectionNumber":"sec.263A","sectionType":"section","heading":"Definitions for pt 1","content":"### sec.263A Definitions for pt 1\n\nIn this part—\ndocument includes a copy of a document.\ngive includes provide.\nrelevant party , for a complaint, means the complainant or respondent in relation to the complaint.\ns 263A ins 2002 No. 74 s 41","sortOrder":333},{"sectionNumber":"sec.263B","sectionType":"section","heading":"Operation of pt 1","content":"### sec.263B Operation of pt 1\n\nThis 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.\ns 263B ins 2002 No. 74 s 41","sortOrder":334},{"sectionNumber":"sec.263C","sectionType":"section","heading":"General requirement for address for service","content":"### sec.263C General requirement for address for service\n\nThe address for service of a relevant party for a complaint as advised to the commissioner must be a residential or business address, a post office box address or an email address.\ns 263C ins 2002 No. 74 s 41\namd 2009 No. 24 s 1356 ; 2010 No. 42 s 214 ; 2019 No. 5 s 121","sortOrder":335},{"sectionNumber":"sec.263D","sectionType":"section","heading":null,"content":"### Section sec.263D\n\ns 263D ins 2002 No. 74 s 41\nom 2009 No. 24 s 1357","sortOrder":336},{"sectionNumber":"sec.263E","sectionType":"section","heading":"Change of address for service","content":"### sec.263E Change of address for service\n\nA 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.\nA relevant party for a complaint must give all other relevant parties for the complaint a copy of a written notice given under subsection (1) .\ns 263E ins 2002 No. 74 s 41\namd 2009 No. 24 s 1358\n(sec.263E-ssec.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.\n(sec.263E-ssec.2) A relevant party for a complaint must give all other relevant parties for the complaint a copy of a written notice given under subsection (1) .","sortOrder":337},{"sectionNumber":"sec.263F","sectionType":"section","heading":"Use of address for service","content":"### sec.263F Use of address for service\n\nFor a complaint, the address for service of a relevant party for the complaint is the relevant party’s address for service—\nfor the commissioner—as most recently notified to the commissioner; or\nfor another relevant party for the complaint—as most recently notified to the other relevant party.\nIf 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—\nthe relevant party is an individual, and the document is handed to the relevant party personally;\nthe document is posted to the relevant party’s address for service;\nthe 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;\nthe relevant party is a body corporate, its address for service is a business address, and the document is left at the address for service.\nDespite 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.\nSubsection (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.\nIf 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.\ns 263F ins 2002 No. 74 s 41\namd 2009 No. 24 s 1359\n(sec.263F-ssec.1) For a complaint, the address for service of a relevant party for the complaint is the relevant party’s address for service— for the commissioner—as most recently notified to the commissioner; or for another relevant party for the complaint—as most recently notified to the other relevant party.\n(sec.263F-ssec.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— the relevant party is an individual, and the document is handed to the relevant party personally; the document is posted to the relevant party’s address for service; 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; 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.\n(sec.263F-ssec.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.\n(sec.263F-ssec.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.\n(sec.263F-ssec.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.\n- (a) for the commissioner—as most recently notified to the commissioner; or\n- (b) for another relevant party for the complaint—as most recently notified to the other relevant party.\n- (a) the relevant party is an individual, and the document is handed to the relevant party personally;\n- (b) the document is posted to the relevant party’s address for service;\n- (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;\n- (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.","sortOrder":338},{"sectionNumber":"sec.263G","sectionType":"section","heading":"Communication effected by giving of document","content":"### sec.263G Communication effected by giving of document\n\nThis section applies if the commissioner 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—\nnotifying the relevant party of something, whether or not in writing;\nasking or telling the relevant party something, whether or not in writing;\ngiving the relevant party reasons for something, whether or not in writing;\ngiving the relevant party a direction, or otherwise ordering the relevant party to do something, whether or not in writing;\nwriting to the relevant party to tell the relevant party something.\nThe commissioner may effect the communication by—\nputting the substance of the communication into a document; and\ngiving 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.\nSection 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.\ns 263G ins 2002 No. 74 s 41\namd 2009 No. 24 s 1360\n(sec.263G-ssec.1) This section applies if the commissioner 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— notifying the relevant party of something, whether or not in writing; asking or telling the relevant party something, whether or not in writing; giving the relevant party reasons for something, whether or not in writing; giving the relevant party a direction, or otherwise ordering the relevant party to do something, whether or not in writing; writing to the relevant party to tell the relevant party something.\n(sec.263G-ssec.2) The commissioner may effect the communication by— putting the substance of the communication into a document; and 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. 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.\n- (a) notifying the relevant party of something, whether or not in writing;\n- (b) asking or telling the relevant party something, whether or not in writing;\n- (c) giving the relevant party reasons for something, whether or not in writing;\n- (d) giving the relevant party a direction, or otherwise ordering the relevant party to do something, whether or not in writing;\n- (e) writing to the relevant party to tell the relevant party something.\n- (a) putting the substance of the communication into a document; and\n- (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.","sortOrder":339},{"sectionNumber":"sec.263H","sectionType":"section","heading":"No address for service advised","content":"### sec.263H No address for service advised\n\nThis section applies if the address for service of a relevant party for a complaint is not known—\nbecause of the relevant party’s failure to comply with a requirement for advising an address for service; or\nbecause the relevant party is a respondent, and has not yet been notified under section 143 .\nThe relevant party’s address for service is taken to be—\nfor an individual—the individual’s last known place of business or residence; or\nfor a body corporate—the body corporate’s head office or its principal or registered office.\nFor 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 .\ns 263H (prev s 236H) ins 2002 No. 74 s 41\nrenum 2004 No. 43 s 3 sch\n(sec.263H-ssec.1) This section applies if the address for service of a relevant party for a complaint is not known— because of the relevant party’s failure to comply with a requirement for advising an address for service; or because the relevant party is a respondent, and has not yet been notified under section 143 .\n(sec.263H-ssec.2) The relevant party’s address for service is taken to be— for an individual—the individual’s last known place of business or residence; or for a body corporate—the body corporate’s head office or its principal or registered office.\n(sec.263H-ssec.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 .\n- (a) because of the relevant party’s failure to comply with a requirement for advising an address for service; or\n- (b) because the relevant party is a respondent, and has not yet been notified under section 143 .\n- (a) for an individual—the individual’s last known place of business or residence; or\n- (b) for a body corporate—the body corporate’s head office or its principal or registered office.","sortOrder":340},{"sectionNumber":"sec.263I","sectionType":"section","heading":"Email or fax address","content":"### sec.263I Email or fax address\n\nA 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.\nIf 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.\ns 263I ins 2002 No. 74 s 41\n(sec.263I-ssec.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.\n(sec.263I-ssec.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.","sortOrder":341},{"sectionNumber":"ch.10-pt.2","sectionType":"part","heading":"Other matters","content":"# Other matters","sortOrder":342},{"sectionNumber":"sec.264","sectionType":"section","heading":"No communication of official information to court","content":"### sec.264 No communication of official information to court\n\nA person—\nwho is or has been—\nthe commissioner; or\na member of the former Anti-Discrimination Tribunal; or\nthe registrar of the former Anti-Discrimination Tribunal; or\na member of the staff of the commission or the former Anti-Discrimination Tribunal; or\na person acting under the direction or authority of the commissioner or a member of the former Anti-Discrimination Tribunal; or\na person acting under a delegation under section 244 ; and\nwho, in that capacity, acquired information about a person’s affairs or has access to, or custody of, a document about a person’s affairs;\nmay not be required—\nto give to a court the information; or\nto produce in a court the document.\nSubsection (1) does not apply if giving the information or producing the document—\nis required for the performance of a function in connection with this Act; or\nis required or permitted by another Act (whether of the Commonwealth or a State).\nIn this section—\ncourt includes any tribunal, authority or person having power to require the production of documents or the answering of questions.\nproduce includes permit access to.\ns 264 amd 2009 No. 24 s 1361\n(sec.264-ssec.1) A person— who is or has been— the commissioner; or a member of the former Anti-Discrimination Tribunal; or the registrar of the former Anti-Discrimination Tribunal; or a member of the staff of the commission or the former Anti-Discrimination Tribunal; or a person acting under the direction or authority of the commissioner or a member of the former Anti-Discrimination Tribunal; or a person acting under a delegation under section 244 ; and 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— to give to a court the information; or to produce in a court the document.\n(sec.264-ssec.2) Subsection (1) does not apply if giving the information or producing the document— is required for the performance of a function in connection with this Act; or is required or permitted by another Act (whether of the Commonwealth or a State).\n(sec.264-ssec.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.\n- (a) who is or has been— (i) the commissioner; or (ii) a member of the former Anti-Discrimination Tribunal; or (iii) the registrar of the former Anti-Discrimination Tribunal; or (iv) a member of the staff of the commission or the former Anti-Discrimination Tribunal; or (v) a person acting under the direction or authority of the commissioner or a member of the former Anti-Discrimination Tribunal; or (vi) a person acting under a delegation under section 244 ; and\n- (i) the commissioner; or\n- (ii) a member of the former Anti-Discrimination Tribunal; or\n- (iii) the registrar of the former Anti-Discrimination Tribunal; or\n- (iv) a member of the staff of the commission or the former Anti-Discrimination Tribunal; or\n- (v) a person acting under the direction or authority of the commissioner or a member of the former Anti-Discrimination Tribunal; or\n- (vi) a person acting under a delegation under section 244 ; and\n- (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;\n- (i) the commissioner; or\n- (ii) a member of the former Anti-Discrimination Tribunal; or\n- (iii) the registrar of the former Anti-Discrimination Tribunal; or\n- (iv) a member of the staff of the commission or the former Anti-Discrimination Tribunal; or\n- (v) a person acting under the direction or authority of the commissioner or a member of the former Anti-Discrimination Tribunal; or\n- (vi) a person acting under a delegation under section 244 ; and\n- (c) to give to a court the information; or\n- (d) to produce in a court the document.\n- (a) is required for the performance of a function in connection with this Act; or\n- (b) is required or permitted by another Act (whether of the Commonwealth or a State).","sortOrder":343},{"sectionNumber":"sec.265","sectionType":"section","heading":"Protection from civil actions—exercise of functions etc.","content":"### sec.265 Protection from civil actions—exercise of functions etc.\n\nA person who is or has been—\nthe commissioner; or\na member of the former Anti-Discrimination Tribunal; or\nthe registrar of the former Anti-Discrimination Tribunal; or\na member of the staff of the commission or the former Anti-Discrimination Tribunal; or\na person acting under the direction or authority of the commissioner or a member of the former Anti-Discrimination Tribunal; or\na person acting under a delegation under section 244 ;\nincurs no civil liability for an honest act or omission in—\nthe performance or purported performance of functions under this Act or the Human Rights Act 2019 ; or\nthe exercise or purported exercise of powers under this Act or the Human Rights Act 2019 .\nA liability that would, but for this section, attach to a person mentioned in subsection (1) attaches instead to the State.\ns 265 amd 2008 No. 59 s 3 sch ; 2009 No. 24 s 1362 ; 2019 No. 5 s 122\n(sec.265-ssec.1) A person who is or has been— the commissioner; or a member of the former Anti-Discrimination Tribunal; or the registrar of the former Anti-Discrimination Tribunal; or a member of the staff of the commission or the former Anti-Discrimination Tribunal; or a person acting under the direction or authority of the commissioner or a member of the former Anti-Discrimination Tribunal; or a person acting under a delegation under section 244 ; incurs no civil liability for an honest act or omission in— the performance or purported performance of functions under this Act or the Human Rights Act 2019 ; or the exercise or purported exercise of powers under this Act or the Human Rights Act 2019 .\n(sec.265-ssec.2) A liability that would, but for this section, attach to a person mentioned in subsection (1) attaches instead to the State.\n- (a) the commissioner; or\n- (b) a member of the former Anti-Discrimination Tribunal; or\n- (c) the registrar of the former Anti-Discrimination Tribunal; or\n- (d) a member of the staff of the commission or the former Anti-Discrimination Tribunal; or\n- (e) a person acting under the direction or authority of the commissioner or a member of the former Anti-Discrimination Tribunal; or\n- (f) a person acting under a delegation under section 244 ;\n- (g) the performance or purported performance of functions under this Act or the Human Rights Act 2019 ; or\n- (h) the exercise or purported exercise of powers under this Act or the Human Rights Act 2019 .","sortOrder":344},{"sectionNumber":"sec.266","sectionType":"section","heading":"Protection from civil actions—complaint etc.","content":"### sec.266 Protection from civil actions—complaint etc.\n\nIf—\na complaint has been made to the commissioner; or\na submission has been made or a document, information or evidence given to the commissioner or the former Anti-Discrimination Tribunal;\na 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.\ns 266 amd 2009 No. 24 s 1363\n- (a) a complaint has been made to the commissioner; or\n- (b) a submission has been made or a document, information or evidence given to the commissioner or the former Anti-Discrimination Tribunal;","sortOrder":345},{"sectionNumber":"sec.266A","sectionType":"section","heading":null,"content":"### Section sec.266A\n\ns 266A ins 2008 No. 59 s 4\nom 2009 No. 24 s 1364","sortOrder":346},{"sectionNumber":"sec.267","sectionType":"section","heading":"Regulation-making power","content":"### sec.267 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may make provision about—\nthe exercise of the commissioner’s powers; and\nthe fees to be paid for making a complaint to the commission under chapter 7 .\nA 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.\ns 267 sub 1994 No. 29 s 11; 1995 No. 58 s 4 sch 1\namd 2009 No. 24 s 1365\n(sec.267-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.267-ssec.2) A regulation may make provision about— the exercise of the commissioner’s powers; and the fees to be paid for making a complaint to the commission under chapter 7 .\n(sec.267-ssec.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.\n- (a) the exercise of the commissioner’s powers; and\n- (b) the fees to be paid for making a complaint to the commission under chapter 7 .","sortOrder":347},{"sectionNumber":"ch.11-pt.1","sectionType":"part","heading":"Transitional provision for Act No. 29 of 1994","content":"# Transitional provision for Act No. 29 of 1994","sortOrder":348},{"sectionNumber":"sec.268","sectionType":"section","heading":"Transitional provisions about compulsory age retirement","content":"### sec.268 Transitional provisions about compulsory age retirement\n\nSubject to section 106A (Compulsory retirement age under legislation etc.), a provision of—\na previous industrial order; or\na previous industrial agreement; or\na previous public sector policy;\nis 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.\nIf a compulsory retirement age is—\nset for a person on or before 30 June 1994 under section 32(1) (Compulsory retirement age) as in force on that day; or\nspecified for a person under a previous agreement;\nthen, 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.\nSubject 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.\nSubject 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.\nSubsections (1), (3) and (4) have effect despite section 106 (Acts done in compliance with legislation etc.).\nIn this section—\nprevious agreement means any agreement in existence on 30 June 1994 other than a previous industrial agreement.\nprevious 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.\nprevious 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.\nprevious provision of an Act means a provision of an Act in force on 30 June 1994.\nprevious 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.\nprevious 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 .\ns 268 ins 1994 No. 29 s 12\namd 1996 No. 37 s 147 sch 2\n(sec.268-ssec.1) Subject to section 106A (Compulsory retirement age under legislation etc.), a provision of— a previous industrial order; or a previous industrial agreement; or 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.\n(sec.268-ssec.2) If a compulsory retirement age is— set for a person on or before 30 June 1994 under section 32(1) (Compulsory retirement age) as in force on that day; or 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.\n(sec.268-ssec.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.\n(sec.268-ssec.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.\n(sec.268-ssec.5) Subsections (1), (3) and (4) have effect despite section 106 (Acts done in compliance with legislation etc.).\n(sec.268-ssec.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 .\n- (a) a previous industrial order; or\n- (b) a previous industrial agreement; or\n- (c) a previous public sector policy;\n- (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\n- (b) specified for a person under a previous agreement;","sortOrder":349},{"sectionNumber":"ch.11-pt.2","sectionType":"part","heading":"Transitional provisions for Discrimination Law Amendment Act 2002","content":"# Transitional provisions for Discrimination Law Amendment Act 2002","sortOrder":350},{"sectionNumber":"sec.269","sectionType":"section","heading":"Application of amendments made by Discrimination Law Amendment Act 2002","content":"### sec.269 Application of amendments made by Discrimination Law Amendment Act 2002\n\nThe 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—\nsection 136 ;\nsection 143 (2) to (5) ;\nsection 153 ;\nsection 154A ;\nsection 155 ;\nsection 164A .\nThe 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—\nsection 188 ;\nsection 201 ;\nsection 208 ;\nsection 209 ;\nsection 213 ;\nchapter 7 , part 2 , division 3A ;\nsection 215A ;\nsection 216 ;\nsection 236 ;\nchapter 10 , part 1 .\ns 269 ins 2002 No. 74 s 43\n(sec.269-ssec.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— section 136 ; section 143 (2) to (5) ; section 153 ; section 154A ; section 155 ; section 164A .\n(sec.269-ssec.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— section 188 ; section 201 ; section 208 ; section 209 ; section 213 ; chapter 7 , part 2 , division 3A ; section 215A ; section 216 ; section 236 ; chapter 10 , part 1 .\n- (a) section 136 ;\n- (b) section 143 (2) to (5) ;\n- (c) section 153 ;\n- (d) section 154A ;\n- (e) section 155 ;\n- (f) section 164A .\n- (a) section 188 ;\n- (b) section 201 ;\n- (c) section 208 ;\n- (d) section 209 ;\n- (e) section 213 ;\n- (f) chapter 7 , part 2 , division 3A ;\n- (g) section 215A ;\n- (h) section 216 ;\n- (i) section 236 ;\n- (j) chapter 10 , part 1 .","sortOrder":351},{"sectionNumber":"sec.270","sectionType":"section","heading":"Operation of service provisions for complaints received before commencement","content":"### sec.270 Operation of service provisions for complaints received before commencement\n\nThis section provides for the application of chapter 10, part 1 to a complaint received by the commissioner before the commencement of this section.\nDespite 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.\nHowever—\na 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\nif 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).\nIn this section—\nrelevant party , for a complaint, means the complainant or respondent in relation to the complaint.\ns 270 ins 2002 No. 74 s 43\n(sec.270-ssec.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.\n(sec.270-ssec.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.\n(sec.270-ssec.3) However— 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 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).\n(sec.270-ssec.4) In this section— relevant party , for a complaint, means the complainant or respondent in relation to the complaint.\n- (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\n- (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).","sortOrder":352},{"sectionNumber":"ch.11-pt.3","sectionType":"part","heading":"Transitional provision for Youth Justice (Boot Camp Orders) and Other Legislation Amendment Act 2012","content":"# Transitional provision for Youth Justice (Boot Camp Orders) and Other Legislation Amendment Act 2012","sortOrder":353},{"sectionNumber":"sec.271","sectionType":"section","heading":"Application of ch 2, pt 5","content":"### sec.271 Application of ch 2, pt 5\n\nChapter 2, part 5 as in force immediately before the introduction day continues to apply in relation to a pre-introduction complaint.\nChapter 2, part 5 as amended by the amendment Act applies in relation to a complaint made under section 136 on or after the introduction day.\nTo remove any doubt, it is declared that subsection (2) applies for the purposes of—\nthe hearing of the complaint by the tribunal; and\nany appeal against a decision or order made by the tribunal in relation to the complaint.\nIn this section—\namendment Act means the Youth Justice (Boot Camp Orders) and Other Legislation Amendment Act 2012 .\nintroduction day means the day on which the Bill for the amendment Act was introduced in the Legislative Assembly.\npre-introduction complaint means a complaint made under section 136 before the introduction day, whether or not the complaint is accepted by the commissioner before the introduction day.\ns 271 ins 2012 No. 41 s 51\n(sec.271-ssec.1) Chapter 2, part 5 as in force immediately before the introduction day continues to apply in relation to a pre-introduction complaint.\n(sec.271-ssec.2) Chapter 2, part 5 as amended by the amendment Act applies in relation to a complaint made under section 136 on or after the introduction day.\n(sec.271-ssec.3) To remove any doubt, it is declared that subsection (2) applies for the purposes of— the hearing of the complaint by the tribunal; and any appeal against a decision or order made by the tribunal in relation to the complaint.\n(sec.271-ssec.4) In this section— amendment Act means the Youth Justice (Boot Camp Orders) and Other Legislation Amendment Act 2012 . introduction day means the day on which the Bill for the amendment Act was introduced in the Legislative Assembly. pre-introduction complaint means a complaint made under section 136 before the introduction day, whether or not the complaint is accepted by the commissioner before the introduction day.\n- (a) the hearing of the complaint by the tribunal; and\n- (b) any appeal against a decision or order made by the tribunal in relation to the complaint.","sortOrder":354},{"sectionNumber":"ch.11-pt.4","sectionType":"part","heading":"Transitional provisions for Justice and Other Legislation Amendment Act 2013","content":"# Transitional provisions for Justice and Other Legislation Amendment Act 2013","sortOrder":355},{"sectionNumber":"sec.272","sectionType":"section","heading":"Definitions for pt 4","content":"### sec.272 Definitions for pt 4\n\nIn this part—\namended , for a provision, means the provision as amended by the Justice and Other Legislation Amendment Act 2013 .\ncommencement means commencement of this section.\ns 272 ins 2013 No. 35 s 14","sortOrder":356},{"sectionNumber":"sec.273","sectionType":"section","heading":"Application of amended ss 140 and 154A to a complaint made before commencement","content":"### sec.273 Application of amended ss 140 and 154A to a complaint made before commencement\n\nThis section applies to a complaint made to the commissioner that had not, before the commencement, been accepted, rejected or stayed.\nThe Commissioner may deal with the complaint as if the complaint had been made after the commencement, including by—\nrejecting or staying the complaint under amended section 140; or\ninvestigating the complaint under amended section 154A.\ns 273 ins 2013 No. 35 s 14\n(sec.273-ssec.1) This section applies to a complaint made to the commissioner that had not, before the commencement, been accepted, rejected or stayed.\n(sec.273-ssec.2) The Commissioner may deal with the complaint as if the complaint had been made after the commencement, including by— rejecting or staying the complaint under amended section 140; or investigating the complaint under amended section 154A.\n- (a) rejecting or staying the complaint under amended section 140; or\n- (b) investigating the complaint under amended section 154A.","sortOrder":357},{"sectionNumber":"sec.274","sectionType":"section","heading":"Complainant can not make further complaint if complaint lapsed under former s 168 or 170","content":"### sec.274 Complainant can not make further complaint if complaint lapsed under former s 168 or 170\n\nThis section applies to a complaint that, before the commencement, had lapsed under section 168(3) or 170(2).\nThe complainant can not make a further complaint in relation to the act or omission the subject of the complaint.\ns 274 ins 2013 No. 35 s 14\n(sec.274-ssec.1) This section applies to a complaint that, before the commencement, had lapsed under section 168(3) or 170(2).\n(sec.274-ssec.2) The complainant can not make a further complaint in relation to the act or omission the subject of the complaint.","sortOrder":358},{"sectionNumber":"sec.275","sectionType":"section","heading":"Application of s 168A to complaint accepted before commencement","content":"### sec.275 Application of s 168A to complaint accepted before commencement\n\nThis section applies to a complaint that, immediately before the commencement, had been accepted but not finally dealt with or referred to the tribunal.\nSection 168A applies to the complaint as if it had been made after commencement.\ns 275 ins 2013 No. 35 s 14\n(sec.275-ssec.1) This section applies to a complaint that, immediately before the commencement, had been accepted but not finally dealt with or referred to the tribunal.\n(sec.275-ssec.2) Section 168A applies to the complaint as if it had been made after commencement.","sortOrder":359},{"sectionNumber":"ch.11-pt.5","sectionType":"part","heading":"Transitional provision for Industrial Relations Act 2016","content":"# Transitional provision for Industrial Relations Act 2016","sortOrder":360},{"sectionNumber":"sec.276","sectionType":"section","heading":"Application of amendments relating to functions of industrial relations commission","content":"### sec.276 Application of amendments relating to functions of industrial relations commission\n\nThis Act as in force before the commencement of the IR Act continues to apply in relation to any of the following made under this Act before the commencement—\na complaint;\nan application for an exemption under section 113;\na request for an opinion under chapter 8.\nHowever, the amended Act applies if, before the commencement—\nfor a complaint—the complaint was not accepted by the commissioner under section 141; or\nfor an application under section 113 or a request for an opinion under chapter 8—the tribunal had not taken any steps in dealing with the application or request.\nThe amended Act applies in relation to a complaint, application or other proceeding made or started under this Act on or after the commencement.\nWithout limiting subsection (2) or (3), if QCAT considers a complaint or application mentioned in the subsection is or includes a work-related matter, QCAT may transfer the complaint or application to the industrial relations commission under the QCAT Act , section 52 .\nIn this section—\namended Act means this Act as amended by the Industrial Relations Act 2016 .\ns 276 ins 2016 No. 63 s 1105\n(sec.276-ssec.1) This Act as in force before the commencement of the IR Act continues to apply in relation to any of the following made under this Act before the commencement— a complaint; an application for an exemption under section 113; a request for an opinion under chapter 8.\n(sec.276-ssec.2) However, the amended Act applies if, before the commencement— for a complaint—the complaint was not accepted by the commissioner under section 141; or for an application under section 113 or a request for an opinion under chapter 8—the tribunal had not taken any steps in dealing with the application or request.\n(sec.276-ssec.3) The amended Act applies in relation to a complaint, application or other proceeding made or started under this Act on or after the commencement.\n(sec.276-ssec.4) Without limiting subsection (2) or (3), if QCAT considers a complaint or application mentioned in the subsection is or includes a work-related matter, QCAT may transfer the complaint or application to the industrial relations commission under the QCAT Act , section 52 .\n(sec.276-ssec.5) In this section— amended Act means this Act as amended by the Industrial Relations Act 2016 .\n- (a) a complaint;\n- (b) an application for an exemption under section 113;\n- (c) a request for an opinion under chapter 8.\n- (a) for a complaint—the complaint was not accepted by the commissioner under section 141; or\n- (b) for an application under section 113 or a request for an opinion under chapter 8—the tribunal had not taken any steps in dealing with the application or request.","sortOrder":361},{"sectionNumber":"ch.11-pt.6","sectionType":"part","heading":"Transitional provisions for Human Rights Act 2019","content":"# Transitional provisions for Human Rights Act 2019","sortOrder":362},{"sectionNumber":"sec.277","sectionType":"section","heading":"Commissioner","content":"### sec.277 Commissioner\n\nSubject to this Act, the current commissioner continues in office as the Human Rights Commissioner until the end of the term stated in the person’s instrument of appointment.\nA reference in a document to the Anti-Discrimination Commissioner is, unless the context otherwise permits, taken to be a reference to the Human Rights Commissioner.\nIn this section—\ncurrent commissioner means the person who, immediately before the commencement, was the Anti-Discrimination Commissioner.\ns 277 ins 2019 No. 5 s 123\n(sec.277-ssec.1) Subject to this Act, the current commissioner continues in office as the Human Rights Commissioner until the end of the term stated in the person’s instrument of appointment.\n(sec.277-ssec.2) A reference in a document to the Anti-Discrimination Commissioner is, unless the context otherwise permits, taken to be a reference to the Human Rights Commissioner.\n(sec.277-ssec.3) In this section— current commissioner means the person who, immediately before the commencement, was the Anti-Discrimination Commissioner.","sortOrder":363},{"sectionNumber":"sec.278","sectionType":"section","heading":"Commission","content":"### sec.278 Commission\n\nThe current commission continues as the Queensland Human Rights Commission.\nA reference in a document to the Anti-Discrimination Commission is, unless the context otherwise permits, taken to be a reference to the Queensland Human Rights Commission.\nIn this section—\ncurrent commission means the body that, immediately before the commencement, was the Anti-Discrimination Commission.\ns 278 ins 2019 No. 5 s 123\n(sec.278-ssec.1) The current commission continues as the Queensland Human Rights Commission.\n(sec.278-ssec.2) A reference in a document to the Anti-Discrimination Commission is, unless the context otherwise permits, taken to be a reference to the Queensland Human Rights Commission.\n(sec.278-ssec.3) In this section— current commission means the body that, immediately before the commencement, was the Anti-Discrimination Commission.","sortOrder":364},{"sectionNumber":"ch.11-pt.7","sectionType":"part","heading":"Transitional provision for Industrial Relations and Other Legislation Amendment Act 2022","content":"# Transitional provision for Industrial Relations and Other Legislation Amendment Act 2022","sortOrder":365},{"sectionNumber":"sec.279","sectionType":"section","heading":"Application of s 190 to existing complaints","content":"### sec.279 Application of s 190 to existing complaints\n\nSection 190 applies for a complaint mentioned in that section, regardless of whether the complaint was made, or referred to the tribunal, before or after the commencement.\ns 279 ins 2022 No. 27 s 72","sortOrder":366},{"sectionNumber":"ch.11-pt.8","sectionType":"part","heading":"Transitional provision for Public Sector Act 2022","content":"# Transitional provision for Public Sector Act 2022","sortOrder":367},{"sectionNumber":"sec.280","sectionType":"section","heading":"First strategic review of commission after commencement","content":"### sec.280 First strategic review of commission after commencement\n\nDespite section 247 (2) , the first strategic review of the commission under chapter 9 , part 2 is to be conducted within 4 years after the commencement.\ns 280 ins 2022 No. 34 s 336C","sortOrder":368},{"sectionNumber":"ch.11-pt.9","sectionType":"part","heading":"Transitional provision for Criminal Code (Serious Vilification and Hate Crimes) and Other Legislation Amendment Act 2023","content":"# Transitional provision for Criminal Code (Serious Vilification and Hate Crimes) and Other Legislation Amendment Act 2023","sortOrder":369},{"sectionNumber":"sec.281","sectionType":"section","heading":"Continued application of former s 131A","content":"### sec.281 Continued application of former s 131A\n\nFormer section 131A continues to apply to a person charged with an offence under that section as if the Criminal Code (Serious Vilification and Hate Crimes) and Other Legislation Amendment Act 2023 had not commenced.\nSubsections (3) and (4) apply if—\nimmediately before the commencement, a proceeding could have been started for an offence against former section 131A; and\non the commencement, the proceeding has not been started.\nThe proceeding may be started and continued under former section 131A, as if the Criminal Code (Serious Vilification and Hate Crimes) and Other Legislation Amendment Act 2023 had not commenced.\nHowever, despite former section 131A(2), the proceeding may be heard and decided without a Crown Law Officer’s written consent.\nIn this section—\nformer section 131A means section 131A as in force before the commencement.\ns 281 ins 2023 No. 26 s 8\n(sec.281-ssec.1) Former section 131A continues to apply to a person charged with an offence under that section as if the Criminal Code (Serious Vilification and Hate Crimes) and Other Legislation Amendment Act 2023 had not commenced.\n(sec.281-ssec.2) Subsections (3) and (4) apply if— immediately before the commencement, a proceeding could have been started for an offence against former section 131A; and on the commencement, the proceeding has not been started.\n(sec.281-ssec.3) The proceeding may be started and continued under former section 131A, as if the Criminal Code (Serious Vilification and Hate Crimes) and Other Legislation Amendment Act 2023 had not commenced.\n(sec.281-ssec.4) However, despite former section 131A(2), the proceeding may be heard and decided without a Crown Law Officer’s written consent.\n(sec.281-ssec.5) In this section— former section 131A means section 131A as in force before the commencement.\n- (a) immediately before the commencement, a proceeding could have been started for an offence against former section 131A; and\n- (b) on the commencement, the proceeding has not been started.","sortOrder":370},{"sectionNumber":"ch.11-pt.10","sectionType":"part","heading":"Transitional provisions for Respect at Work and Other Matters Amendment Act 2024","content":"# Transitional provisions for Respect at Work and Other Matters Amendment Act 2024","sortOrder":371},{"sectionNumber":"sec.282","sectionType":"section","heading":"Definitions for part","content":"### sec.282 Definitions for part\n\nIn this part—\namendment Act means the Respect at Work and Other Matters Amendment Act 2024 .\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement of the provision in which the term is used.\nnew , for a provision of this Act, means the provision as in force from the commencement of the provision in which the term is used.\ns 282 ins 2024 No. 47 s 51\n–––––\nss 283–284 ins 2024 No. 47 s 51 (uncommenced amendment)","sortOrder":372},{"sectionNumber":"sec.285","sectionType":"section","heading":"Existing representative complaints","content":"### sec.285 Existing representative complaints\n\nThis section applies in relation to a complaint accepted by the commissioner before the commencement that, immediately before the commencement—\nwas a representative complaint; and\neither—\nwas still being dealt with by the commissioner; or\nhad been referred to the tribunal and was still being dealt with by the tribunal.\nFormer chapter 7 , parts 1 and 2 continue to apply in relation to the complaint, and the complaint must continue to be dealt with under former chapter 7 , parts 1 and 2 , as if the amendment Act had not been enacted.\nSubsection (2) does not prevent the commissioner giving directions under former section 150 , or the tribunal giving directions under section former 198, that allows for the complaint to be dealt with in a way that is consistent with this Act as in force from the commencement.\ns 285 ins 2024 No. 47 s 51\n(sec.285-ssec.1) This section applies in relation to a complaint accepted by the commissioner before the commencement that, immediately before the commencement— was a representative complaint; and either— was still being dealt with by the commissioner; or had been referred to the tribunal and was still being dealt with by the tribunal.\n(sec.285-ssec.2) Former chapter 7 , parts 1 and 2 continue to apply in relation to the complaint, and the complaint must continue to be dealt with under former chapter 7 , parts 1 and 2 , as if the amendment Act had not been enacted.\n(sec.285-ssec.3) Subsection (2) does not prevent the commissioner giving directions under former section 150 , or the tribunal giving directions under section former 198, that allows for the complaint to be dealt with in a way that is consistent with this Act as in force from the commencement.\n- (a) was a representative complaint; and\n- (b) either— (i) was still being dealt with by the commissioner; or (ii) had been referred to the tribunal and was still being dealt with by the tribunal.\n- (i) was still being dealt with by the commissioner; or\n- (ii) had been referred to the tribunal and was still being dealt with by the tribunal.\n- (i) was still being dealt with by the commissioner; or\n- (ii) had been referred to the tribunal and was still being dealt with by the tribunal.","sortOrder":373},{"sectionNumber":"sec.285AA","sectionType":"section","heading":"Delayed application of new burden of proof for complaints","content":"### sec.285AA Delayed application of new burden of proof for complaints\n\nThis section applies in relation to—\na complaint made before the relevant commencement that, immediately before the relevant commencement, had not been finally dealt with; or\na complaint made after the relevant commencement in relation to an alleged contravention of the Act that happened before the relevant commencement.\nNew sections 204 and 205 do not apply in relation to the complaint.\nFormer sections 204 to 206 continue to apply in relation to the complaint, as if section 47A of the amendment Act had not commenced.\nThis section is taken to have applied from 1 December 2024.\nIn this section—\nformer sections 204 to 206 means sections 204 to 206 of this Act as in force before 1 December 2024.\nnew sections 204 and 205 means sections 204 and 205 of this Act as in force from 1 December 2024.\nrelevant commencement means the commencement of section 7B of the amendment Act.\ns 285AA ins 2025 No. 7 s 37\n–––––\nss 285A–287 ins 2024 No. 47 s 51 (uncommenced amendment)\n(sec.285AA-ssec.1) This section applies in relation to— a complaint made before the relevant commencement that, immediately before the relevant commencement, had not been finally dealt with; or a complaint made after the relevant commencement in relation to an alleged contravention of the Act that happened before the relevant commencement.\n(sec.285AA-ssec.2) New sections 204 and 205 do not apply in relation to the complaint.\n(sec.285AA-ssec.3) Former sections 204 to 206 continue to apply in relation to the complaint, as if section 47A of the amendment Act had not commenced.\n(sec.285AA-ssec.4) This section is taken to have applied from 1 December 2024.\n(sec.285AA-ssec.5) In this section— former sections 204 to 206 means sections 204 to 206 of this Act as in force before 1 December 2024. new sections 204 and 205 means sections 204 and 205 of this Act as in force from 1 December 2024. relevant commencement means the commencement of section 7B of the amendment Act.\n- (a) a complaint made before the relevant commencement that, immediately before the relevant commencement, had not been finally dealt with; or\n- (b) a complaint made after the relevant commencement in relation to an alleged contravention of the Act that happened before the relevant commencement.","sortOrder":374}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded significantly from its 1991 origins. New protected attributes have been added over time, including breastfeeding, sex work activity, gender identity, sex characteristics, and family responsibilities. The coverage of contractors and principals (s.15A) was added in 2001 to capture non-traditional work arrangements. Uncommenced 2024 amendments (Act No. 47) signal further planned expansion in definitions of direct and indirect discrimination and additional procedural changes. The original intent was a foundational equality framework; the Act now reflects a much broader and more nuanced understanding of discrimination across modern social and economic life."},"complexity_factors":["Extensive list of 17 protected attributes, some with subtle distinctions (e.g., gender identity vs. sex characteristics vs. sexuality)","Multiple overlapping areas of activity (work, education, goods/services, accommodation, insurance, superannuation, land, clubs, government) each with separate prohibition and exemption sections","Layered exemption structure — area-specific exemptions in Part 4 AND general exemptions in Part 5, requiring cross-referencing across many sections","Complex definitions of direct and indirect discrimination with multiple subsections, examples, and nuanced qualifications (e.g., 'substantial reason' test, imputed attributes, past attributes)","Superannuation and insurance provisions involve actuarial and statistical data concepts, tiered exemption tests (data available vs. no data), and references to Commonwealth legislation","Interplay with multiple other Acts (Sex Discrimination Act 1984 Cwlth, Industrial Relations Act 2016, Education (General Provisions) Act 2006, Superannuation Industry (Supervision) Act 1993 Cwlth)","Religious employer exemption (s.25) has multi-part conditions, proportionality tests, specific exclusions (age, race, impairment cannot be the basis), and interacts with contract law","Uncommenced 2024 amendments (No. 47) appear throughout, creating uncertainty about the current operative state of multiple sections","Partnership rules apply only to partnerships of 6 or more people — a threshold that creates complexity in application","Unjustifiable hardship standard requires case-by-case analysis across multiple factors, providing no bright-line rule"],"plain_english_summary":"## Queensland's Anti-Discrimination Act 1991: What It Means for You\n\nThis is Queensland's main anti-discrimination law. Its core purpose is simple: **everyone deserves a fair go**, and this Act makes it illegal to treat people unfairly because of who they are.\n\n### Who Is Protected?\nThe law protects you from discrimination based on 17 personal characteristics (called \"attributes\"), including:\n- **Sex, gender identity, and sexuality** (who you are and who you love)\n- **Race, age, and pregnancy**\n- **Disability or impairment**\n- **Religion and political beliefs**\n- **Relationship status and parental responsibilities**\n- **Breastfeeding and sex work activity**\n- **Sex characteristics** (physical traits relating to sex)\n- Even being **associated with** someone who has any of these characteristics\n\n### Where Does It Apply?\nThe protection covers most major areas of life:\n- **Work** — hiring, firing, promotions, training, pay, partnerships\n- **Education** — enrolment, access to benefits, exclusion\n- **Goods and services** — shops, restaurants, businesses\n- **Housing/accommodation** — renting, buying, living conditions\n- **Land sales**\n- **Club membership**\n- **Superannuation (retirement savings) and insurance**\n- **State government programs and local council decisions**\n\n### Two Types of Discrimination Are Banned:\n1. **Direct discrimination** — treating someone worse than others *because* of their attribute (e.g., refusing to hire someone because they're pregnant)\n2. **Indirect discrimination** — applying a rule that *seems neutral* but unfairly disadvantages people with a particular attribute (e.g., requiring all employees to be over 190cm tall when height isn't needed for the job)\n\n### Important: Motive Doesn't Matter\nYou can still be guilty of discrimination even if you didn't *intend* to discriminate, didn't realise you were doing it, or had mixed reasons for your decision — as long as the protected attribute was a *substantial* reason.\n\n### Lawful Exceptions (When Discrimination IS Allowed)\nThe Act recognises some situations where different treatment is justified:\n- **Genuine job requirements** — e.g., casting only women for a female role in a film\n- **Religious organisations** — faith-based schools and bodies have limited rights to require staff to act consistently with their religious beliefs\n- **Unjustifiable hardship** — if providing special facilities for someone with a disability would place an unreasonable financial or practical burden on a business\n- **Welfare and equal opportunity programs** — e.g., giving pensioner discounts, or reserving housing for domestic violence survivors\n- **Insurance and superannuation** — age/disability-based differences are allowed if backed by sound actuarial (risk-calculation) data\n- **Small shared accommodation** — if you're renting a spare room in your own home\n- **Age-based rules** — e.g., youth wages, age-based entry requirements\n- **Single-sex or religious schools** — can limit enrolment accordingly\n\n### If You're Discriminated Against\nYou can make a formal complaint through Chapter 7 processes (not covered in this extract), which establishes agencies and procedures to investigate and resolve complaints.\n\n### Bottom Line\nIf someone treats you worse — at work, at school, in a shop, or when renting a home — *because of who you are*, this law is on your side. There are exceptions, but they are specific and limited."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.30","severity":"medium","reasoning":"Section 30(1)(b) refers to accommodation 'not occupied by anyone of the opposite sex', which presupposes a binary sex model. The Act prohibits discrimination on the basis of 'gender identity' (sec.7(m)) and 'sex characteristics' (sec.7(o)), and the definition of discrimination in sec.8 extends to characteristics imputed to persons. The binary 'opposite sex' framing in sec.30 is internally inconsistent with the Act's own recognition of non-binary gender identity as a protected attribute, making it unclear how the exemption applies to persons with non-binary gender identities.","confidence":0.75,"description":"Single sex accommodation exemption uses binary 'opposite sex' language incompatible with the Act's own protected attributes"},{"type":"impossible_compliance","section":"sec.105","severity":"medium","reasoning":"Section 105(2) states the equal opportunity exemption 'applies only until the purpose of equal opportunity has been achieved.' There is no definition of when 'equal opportunity has been achieved', no measurement standard, no authority empowered to make that determination, and no procedure for declaring it achieved. This creates an unenforceable temporal limit — a person relying on the exemption cannot know when it expires, and a court cannot objectively determine whether it has lapsed.","confidence":0.82,"description":"Equal opportunity measures exemption self-terminates upon achieving its own purpose, but provides no mechanism to determine when that purpose has been achieved"},{"type":"other","section":"sec.106","severity":"medium","reasoning":"Section 106 allows acts done in compliance with 'existing provisions', defined as provisions in existence at commencement. This freezes a snapshot of potentially discriminatory industrial agreements and awards from the commencement date as permanently exempt. New agreements negotiated after commencement receive no such protection even if identical in content. Additionally, reference to 'an existing provision of an industrial agreement under the repealed Industrial Relations Act 1999' preserves exemptions under a repealed Act in perpetuity, creating an anomalous class of forever-exempt conduct tied to dead legislation.","confidence":0.78,"description":"Exemption for 'existing provisions' frozen at commencement is rendered progressively obsolete and may perpetuate discriminatory industrial instruments indefinitely"},{"type":"retroactive_impossibility","section":"sec.106A","severity":"high","reasoning":"Section 106A(3) states that persons subject to compulsory retirement ages imposed under industrial instruments or policy instruments are 'required, and are taken always to have been required, to retire in accordance with the compulsory retirement age imposed.' This retroactive deeming is logically impossible: if a person was not in fact required to retire at a given age during a past period, declaring them to have 'always' been so required cannot alter historical facts. It also potentially extinguishes accrued legal rights or claims that existed before this provision was inserted.","confidence":0.85,"description":"Retroactive deeming provision declares persons 'always to have been required' to retire at a compulsory age, rewriting legal history"},{"type":"circular_definition","section":"sec.25(ssec.3)","severity":"low","reasoning":"Section 25(3) permits discrimination that is 'not unreasonable'. Section 25(5) lists factors for assessing this, including 'whether the action taken or proposed to be taken by the employer is harsh or unjust or disproportionate to the person's actions' and 'consequences for both the person and the employer'. These factors are themselves value-laden and circular — determining whether discrimination is 'not unreasonable' by asking whether it is 'not harsh or unjust' simply restates the question without resolving it. The standard is effectively undefined.","confidence":0.65,"description":"Religious employer exemption requires that discrimination be 'not unreasonable' but the factors listed for assessing reasonableness are circular and subjective without an objective anchor"},{"type":"other","section":"sec.8(d)","severity":"low","reasoning":"Section 8(d) extends protection to discrimination based on an attribute a person had in the past but no longer has. While the policy intent is clear (e.g., protecting former drug addicts), this creates an anomaly: a person may be discriminated against on the basis of an attribute they demonstrably do not possess, with no temporal limit specified on how far back the past attribute must have existed. Combined with sec.8(c) (presumed attributes), a person could theoretically be protected against discrimination for an attribute they never had AND an attribute they once had, making the definition of 'discrimination on the basis of an attribute' almost boundless.","confidence":0.6,"description":"Discrimination on the basis of an attribute a person 'had, even if the person did not have it at the time of the discrimination' creates a logically paradoxical protected class"},{"type":"other","section":"sec.100","severity":"medium","reasoning":"Section 100 permits a club to discriminate on the basis of impairment only 'in failing to accept a person's application for membership' where special services would impose unjustifiable hardship. However, sec.95 prohibits discriminating against existing members without any equivalent unjustifiable hardship exemption for existing members with impairments. This creates an absurd result: a club may lawfully refuse to admit a person with impairment due to hardship, but once admitted (perhaps before the impairment arose), the club cannot remove or discriminate against that member even if the same hardship arguments apply.","confidence":0.7,"description":"Club exemption for impairment-based membership refusal does not extend to existing members, creating asymmetric protection"}],"contradictions":[{"severity":"medium","section_a":"sec.10(ssec.1)","section_b":"sec.10(ssec.5)","confidence":0.72,"description":"Direct discrimination test requires comparing like circumstances, but sec.10(5) declares special services/facilities requirement 'irrelevant' — potentially making the comparator circumstances materially different by definition","reasoning_note":"sec.10(1) defines direct discrimination by reference to treatment 'in circumstances that are the same or not materially different'. sec.10(5) says that in cases of impairment, the fact the person 'may require special services or facilities is irrelevant' to the comparison. However, requiring special services or facilities could itself be what makes circumstances materially different. By deeming it irrelevant, the Act forces a comparison across circumstances that may not be genuinely the same, undermining the logical foundation of the comparator test in sec.10(1)."},{"severity":"medium","section_a":"sec.7(a) and sec.7(m)","section_b":"sec.30(ssec.1)(b)","confidence":0.73,"description":"The Act prohibits discrimination on the basis of sex and gender identity, but sec.30 implements a binary sex-based accommodation exemption referring to 'opposite sex', which contradicts protection for gender-diverse persons","reasoning_note":"sec.7 lists both 'sex' and 'gender identity' as prohibited grounds. sec.30(1)(b) only permits the exemption if accommodation is 'not occupied by anyone of the opposite sex', which assumes a binary sex model. This cannot coherently apply to non-binary persons and potentially allows a landlord to refuse accommodation to a non-binary person on grounds the binary exemption cannot accommodate, while sec.7 would prohibit such refusal. The provisions pull in opposite directions for gender-diverse individuals."},{"severity":"medium","section_a":"sec.25(ssec.1)","section_b":"sec.25(ssec.6)","confidence":0.78,"description":"Genuine occupational requirements under sec.25(1) expressly include age, race and sex in examples, but sec.25(6) prohibits the religious employer sub-exemption from applying to age, race or impairment — creating inconsistent scope across subsections of the same section","reasoning_note":"sec.25(1) states a person may impose genuine occupational requirements, and the examples expressly include 'age, race or sex for reasons of authenticity'. sec.25(6) then states sec.25(3) (the religious employer provision) does not apply to discrimination on the basis of age, race or impairment. While these are different subsections with different scope, the combined effect is that age and race are valid grounds for genuine occupational requirements under sec.25(1) generally, but a religious employer cannot rely on the religious-specific exemption in sec.25(3) for those same grounds. This structural inconsistency within a single section may confuse whether age/race-based religious employer conduct is lawful or not."},{"severity":"low","section_a":"sec.46(ssec.2)","section_b":"sec.93 to sec.95","confidence":0.62,"description":"Non-profit associations are excluded from the goods and services prohibition under sec.46, but clubs (which may be non-profit associations) are separately regulated under sec.93-95 with overlapping and potentially conflicting obligations","reasoning_note":"sec.46(2) excludes from the goods and services prohibition any association established for social, cultural, sporting, recreational or similar lawful purposes that does not operate for profit. However, many registered clubs would meet this description. sec.93-95 impose separate anti-discrimination obligations on 'clubs' without the same non-profit carve-out. A non-profit social club could be both excluded from sec.46 obligations AND subject to sec.93-95 obligations, creating uncertainty about which regime governs and whether the sec.46 exclusion is rendered meaningless for clubs."},{"severity":"low","section_a":"sec.26(ssec.2)","section_b":"sec.26(ssec.1)","confidence":0.58,"description":"Residential domestic services exemption permits all forms of discrimination except race, but sec.7 lists race as only one of many prohibited grounds — the exemption's carve-out for race implies it was meant to prohibit only race discrimination in this context, yet the structure elevates race above all other grounds including pregnancy, impairment and religion without explanation","reasoning_note":"sec.26(1) permits discrimination in home-based domestic service arrangements on any ground. sec.26(2) then removes the exemption for race, meaning race discrimination in this context remains unlawful but discrimination on grounds of pregnancy, impairment, religion, age, gender identity and all other attributes remains lawful. The same structure applies to sec.27 (childcare). There is no apparent principled basis for singling out race as the sole protected ground in private domestic employment while allowing, for example, discrimination against a pregnant domestic worker or a worker with a disability."},{"severity":"low","section_a":"sec.6(ssec.2)(b)","section_b":"sec.106","confidence":0.55,"description":"The Act's stated purpose mechanism requires complaints against 'the person who has unlawfully discriminated', but sec.106 exempts acts done in compliance with court orders or legislation — potentially meaning the person who ordered the discrimination cannot be complained against","reasoning_note":"sec.6(2)(b) contemplates complaints against persons who have 'unlawfully discriminated'. sec.106 renders certain discriminatory acts lawful when done in compliance with court orders or legislative provisions. This means that where a court order compels discriminatory conduct, the person carrying it out is exempted, but the court or legislature that ordered it cannot be the subject of a complaint under chapter 7. The Act's remedial mechanism is therefore structurally incapable of addressing discrimination mandated by other legal instruments, leaving affected persons without recourse — a gap that sits uneasily with the Act's stated purpose in sec.6(1)."}]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's original 1991 focus was on core attributes (sex, race, age, impairment) in key life areas with basic complaint mechanisms. It has significantly expanded to 17 attributes (adding gender identity, sex characteristics, family responsibilities via amendments), dedicated chapters on sexual harassment (ch.3), vilification (ch.4), and victimisation (ch.5), plus representative complaints, Human Rights Commission integration, and interactions with the Human Rights Act 2019. This has broadened it from pure anti-discrimination to a wider equality and human rights framework, including public interest interventions and strategic reviews."},"complexity_factors":["17 protected attributes in s.7 with expansive definitions in s.8 (including imputed, presumed, or past characteristics)","Detailed tests for direct discrimination (s.10, including substantial reason, motive irrelevance, and special rules for impairment) and indirect discrimination (s.11, with reasonableness factors and examples)","Separate subdivisions for each area of activity (work in ss.13-36, education in ss.37-44, goods/services in ss.45-51, superannuation/insurance in ss.52-75, land/accommodation/clubs in later divisions) with unique prohibitions and over 40 specific exemptions","Nested general exemptions in Part 5 (ss.103-113, including welfare measures, religious bodies, sport, and tribunal-granted exemptions under s.113)","Complex procedural framework in Chapter 7 (complaints, investigation, conciliation, representative complaints with opt-out rules, tribunal hearings, burdens of proof)","Cross-references to other laws (e.g. Industrial Relations Act 2016 for trade union activity, Commonwealth Sex Discrimination Act 1984 for superannuation exemptions)","Multiple uncommenced 2024 amendments affecting definitions, burdens of proof, and new provisions on victimisation and vilification"],"plain_english_summary":"**This law aims to stop unfair treatment and promote equal chances for everyone in everyday areas like jobs, schools, housing, and buying goods or services.** It protects people from being treated worse because of things like their age, race, sex, disability (called 'impairment'), religion, family responsibilities, or other listed characteristics (17 in total, including gender identity and sex characteristics). \n\nIt explains two main types of unfair treatment: **direct** (treating someone worse in the same situation just because of a protected characteristic) and **indirect** (setting a rule that seems fair but ends up disadvantaging people with a protected characteristic, unless the rule is reasonable). The law lists specific situations where this is banned, with tailored rules and exceptions for each (for example, genuine job needs in employment, or hardship in providing extra help for disabilities). \n\nIt also bans sexual harassment, racial or religious vilification (inciting hatred or ridicule in public), and victimisation (punishing someone for making a complaint). People can make complaints to the Human Rights Commission, which tries to sort things out through talks (conciliation). If that fails, cases can go to a tribunal for decisions, which might order compensation, apologies, or changes in behaviour. The law includes ways for groups to complain together and protects those who speak up."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act originally focused on core discrimination in work, education, accommodation, and goods/services. Over time, it has expanded to cover additional attributes (e.g., gender identity, sex characteristics, sex work activity), new areas (e.g., superannuation, insurance, local government), and new types of prohibited conduct (e.g., racial and religious vilification, representative complaints). The complaint mechanism has become more detailed, and the Human Rights Commission's role has grown to include human rights promotion. The core purpose remains, but the scope of what is prohibited and how it is enforced has significantly broadened."},"complexity_factors":["Over 280 sections spread across 11 chapters and numerous parts","17 prohibited attributes with broad definitions","Multiple areas of activity with their own subdivisions and exemptions","Complex interlocking exemptions (e.g., genuine occupational requirements, religious bodies, charities)","Detailed complaint process with time limits, deferrals, and multiple paths to tribunal","Separate rules for representative (class) complaints","Burden of proof shifts (reverse onus for discrimination, respondent bears onus for exemptions)","Cross-references to other Acts (e.g., Industrial Relations Act, Human Rights Act, Education Act)","Ongoing amendments with uncommenced provisions and transitional arrangements","High number of defined terms and examples"],"plain_english_summary":"This Act makes it illegal to treat someone unfairly (discriminate) because of certain personal characteristics, like age, sex, race, disability, religion, or sexual orientation, in areas such as employment, education, housing, and getting goods or services. It also bans sexual harassment, victimising someone who complains, and hateful public acts based on race or religion. The Act sets up a complaints process through the Queensland Human Rights Commission, which investigates and tries to resolve complaints by conciliation. If that fails, the case can go to the Queensland Civil and Administrative Tribunal (QCAT) or the Industrial Relations Commission for a hearing. The tribunal can order compensation, apologies, or changes to policies. There are exceptions, for example, when a genuine occupational requirement applies, or for religious bodies in certain situations."}},"importantCases":[],"_links":{"self":"/api/acts/qld-act-1991-085","history":"/api/acts/qld-act-1991-085/history","analysis":"/api/acts/qld-act-1991-085/analysis","conflicts":"/api/acts/qld-act-1991-085/conflicts","importantCases":"/api/acts/qld-act-1991-085/important-cases","documents":"/api/acts/qld-act-1991-085/documents"}}