What it does
The Anti-Discrimination Act 1991 (Qld) establishes a comprehensive framework to promote equality of opportunity by prohibiting discrimination on specified attributes in defined areas of public life. At its core, s.6 articulates the Act's purpose: to protect individuals from unfair discrimination in areas including work, education, and accommodation, achieved through (a) banning discrimination on grounds listed in Part 2 (s.7), of types in Part 3 (direct or indirect, ss.9-11), in areas in Part 4 (ss.12-102), unless exemptions in Parts 4 or 5 apply; (b) enabling complaints under Chapter 7; and (c) utilising the Queensland Human Rights Commission and tribunal processes for resolution.
Discrimination is exhaustively defined. Section 8 clarifies that discrimination "on the basis of an attribute" encompasses treatment based on a characteristic generally associated with the attribute, an imputed characteristic, a presumed attribute, or a past attribute. Section 10 defines direct discrimination as treating a person with an attribute less favourably than another without it in the same or not materially different circumstances. This includes cases where the attribute is a "substantial reason" for the treatment (s.10(4)), motive is irrelevant (s.10(3)), and for impairment, the need for special services is disregarded (s.10(5)). Examples in s.10 illustrate application to nationality, race, and prejudice by third parties.
Indirect discrimination under s.11 occurs where a term is imposed with which a person with the attribute cannot or does not comply, a higher proportion without the attribute can comply, and the term is not reasonable. Reasonableness is assessed holistically, considering consequences of non-compliance, costs of alternatives, and the imposer's financial position (s.11(2)). The term need not be written (s.11(4)), and awareness is unnecessary (s.11(3)). Examples include height requirements disadvantaging women/Asian persons or uniform policies conflicting with religious headdress.