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(3) The compliance notice must state—
(a) the name of the person to whom the notice is
issued; and
(b) the basis on which the commissioner
considers the person has contravened, is
contravening, or is likely to contravene the
positive duty; and
(c) the nature of the contravention or likely
contravention of the positive duty; and
(d) the action the person is required to take, to
stop taking, or not to take to comply with
the positive duty; and
(e) the time within which the person must
comply with the notice; and
(f) the further action the commissioner may
take under this Act if the person does not
comply with the notice; and
(g) that the person may apply to the tribunal,
under section 173N, for a review of the
decision to issue the notice or the terms of
the notice, and information about how and
when the person may apply for the review
under that section.
173M Compliance with compliance notice
(1) This section applies if the commissioner has
issued a compliance notice to a person under
section 173L.
(2) If the person fails to comply with the compliance
notice, the commissioner may apply to the
tribunal for an order under subsection (3).
(3) If the tribunal is satisfied the person has failed to
comply with the compliance notice, the tribunal
may make—
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(a) an order requiring the person to comply with
the notice; and
(b) any other order the tribunal considers
appropriate.
Note—
See the Industrial Relations Act 2016, section 544 in
relation to enforcing orders of the industrial relations
commission and the QCAT Act, section 132 in relation
to enforcing orders of QCAT that are not monetary
decisions.
173N Review of compliance notice
(1) This section applies if the commissioner issues a
compliance notice to a person under section 173L.
(2) The person may apply to the tribunal for a review
of the issuing of the compliance notice or any
term of the compliance notice—
(a) within 28 days after receiving the
compliance notice; and
(b) as provided under the relevant tribunal Act.
(3) In deciding an application for a review under
subsection (2), the tribunal may—
(a) confirm the compliance notice, with or
without amendment; or
(b) withdraw the compliance notice.
(4) If the tribunal confirms the compliance notice, the
tribunal must consider whether the time for
complying with the compliance notice should be
amended.
173O Report on investigation
(1) A report about the investigation—
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(a) may include the commissioner’s
recommendations for dealing with the
matter the subject of the report; and
(b) must not include personal information about
an individual unless the information has
previously been published, or given for the
purpose of publication, by the individual;
and
(c) must not include an adverse comment about
an entity unless—
(i) the entity has been given an
opportunity to make submissions in
relation to the adverse comment; and
(ii) the submissions are fairly stated in the
report.
(2) For subsection (1)(c), an adverse comment does
not include a statement that a respondent did not
participate in resolving a complaint.
(3) The commissioner may do either or both of the
following—
(a) publish a copy of the report—
(i) on the commission’s website; and
(ii) in any other way the commissioner
considers appropriate;
(b) give the report to the Minister.
(4) If the Minister is given a report under subsection
(3)(b), the Minister must table the report in the
Legislative Assembly within 6 sitting days after
the Minister receives the report.
Subdivision 5 Action relating to systemic
contravention
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173P Action commissioner may take
(1) This section applies in relation to an investigation
under section 173B(3).
(2) The commissioner may prepare a report about the
investigation, and publish the report or give the
report to the Minister, under section 173Q.
173Q Report on investigation
(1) A report about the investigation—
(a) may include the commissioner’s
recommendations for dealing with the
matter the subject of the report; and
(b) must not include personal information about
an individual unless the information has
previously been published, or given for the
purpose of publication, by the individual;
and
(c) must not include an adverse comment about
an entity unless—
(i) the entity has been given an
opportunity to make submissions in
relation to the adverse comment; and
(ii) the submissions are fairly stated in the
report.
(2) For subsection (1)(c), an adverse comment does
not include a statement that a respondent did not
participate in resolving a complaint.
(3) The commissioner may do either or both of the
following—
(a) publish a copy of the report—
(i) on the commission’s website; and
(ii) in any other way the commissioner
considers appropriate;
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(b) give the report to the Minister.
(4) If the Minister is given a report under subsection
(3)(b), the Minister must table the report in the
Legislative Assembly within 6 sitting days after
the Minister receives the report.
Division 2 Guidelines
173R Commission guidelines
The commission—
(a) must issue guidelines about how persons
may comply with the positive duty; and
(b) may issue guidelines about any other matter
relating to this Act.
173S Publication of guidelines
The commission—
(a) must publish any guidelines issued under
this division on the commission’s website;
and
(b) may publish the guidelines in any other way
the commission considers appropriate.
Division 3 Other provisions
39 Amendment of s 174A (Functions of QCAT)
(1) Section 174A—
insert—
(aa) for contraventions of the positive duty, other
than in relation to work-related matters—
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(i) to make orders under section 173K
about compliance with undertakings
accepted under 173J; and
(ii) to make orders under section 173M
about compliance with compliance
notices issued under section 173L; and
(iii) to review, under section 173N,
decisions of the commissioner to issue
compliance notices under section 173L
or the terms of the notices;
(2) Section 174A(e), ‘to (d)’—
omit, insert—
to (e)
(3) Section 174A(aa) to (e)—
renumber as section 174A(b) to (f).
40 Amendment of s 174B (Functions of industrial relations
commission)
(1) Section 174B—
insert—
(aa) for contraventions of the positive duty in
relation to work-related matters—
(i) to make orders under section 173K
about compliance with undertakings
accepted under 173J; and
(ii) to make orders under section 173M
about compliance with compliance
notices issued under section 173L; and
(iii) to review, under section 173N,
decisions of the commissioner to issue
compliance notices under section 173L
or the terms of the notices;
(2) Section 174B(e), ‘to (d)’—
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omit, insert—
to (e)
(3) Section 174B(aa) to (e)—
renumber as section 174B(b) to (f).
41 Amendment of s 175 (Time limit on referred complaints)
(1) Section 175(1), from ‘more than’—
omit, insert—
after the end of the complaint period for the
alleged contravention of the Act to which the
complaint relates.
(2) Section 175(2), from ‘more than’ to ‘contravention’—
omit, insert—
after the end of the complaint period for the
alleged contravention of the Act to which the
complaint relates
42 Insertion of new s 176A
After section 176—
insert—
176A Representation—industrial relations
commission
(1) This section applies to a proceeding for a
complaint before the industrial relations
commission.
(2) A party to the proceeding, or a person ordered or
permitted to appear or to be represented in the
proceeding, may be represented in the proceeding
only as provided under the Industrial Relations
Act 2016, section 529.
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43 Amendment of s 223 (Contempt of commission)
Section 223(1), after ‘part 1’—
insert—
or 1A
44 Amendment of s 235 (Commission’s functions)
(1) Section 235(b)—
omit, insert—
(b) to conduct investigations under section
154A and chapter 7, part 1A and, if
appropriate, take action in relation to the
investigations;
(2) Section 235(d), after ‘purposes of’—
insert—
and support compliance with
45 Insertion of new ch 11, pt 11
Chapter 11—
insert—
Part 11 Transitional provisions
for Strengthening
Protections for
Queensland Workers
Amendment Act 2026
286 Definitions for part
In this part—
amendment Act means the Strengthening
Protections for Queensland Workers Amendment
Act 2026.
Clause 1
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Clause 5
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former, 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.
new, for a provision of this Act, means the
provision as in force from the commencement of
the provision in which the term is used.
287 Time limit for making complaint
(1) New section 138 does not apply in relation to an
alleged contravention of the Act that happened
more than 1 year before the commencement.
(2) Former sections 138, 141A and 175 apply in
relation to the alleged contravention.
(3) This section does not affect—
(a) the commissioner accepting a complaint
about the alleged contravention under
former section 138(2) or dealing with the
complaint under former section 141A; or
(b) the tribunal accepting a complaint about the
alleged contravention under former section
175(2).
288 Existing complaints by unregistered industrial
organisations
New section 134(2) does not apply in relation to a
complaint made before the commencement.
289 Burden of proof for complaints about
pre-commencement conduct
(1) This section applies in relation to—
(a) a complaint made before the
commencement that, immediately before the
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commencement, had not been finally dealt
with; or
(b) a complaint made after the commencement
in relation to an alleged contravention of the
Act that happened before the
commencement.
(2) New sections 204 and 205 do not apply in relation
to the complaint.
(3) Former sections 204 to 206 continue to apply in
relation to the complaint.
290 Existing investigation
(1) An investigation under section 154A or former
section 155 started but not finished before the
commencement may be continued and finished
under this Act.
(2) Chapter 7, part 1A, division 1, subdivision 2
applies in relation to the investigation.
(3) For subsection (2), an investigation started under
former section 155 is taken to have been started
under chapter 7, part 1A, division 1, subdivision
1.
291 Existing directions for information or
documents
Former section 156 continues to apply in relation
to a direction given under that section before the
commencement, as if the amendment Act had not
been enacted.
46 Amendment of sch 1 (Dictionary)
(1) Schedule 1, definitions family responsibilities, immediate
family, race, relation and sexuality—
omit.
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(2) Schedule 1—
insert—
complaint period, for an alleged contravention of
the Act, see section 138(1).
conduct includes making a statement, whether the
statement is made orally or in writing.
expunged conviction, in relation to a person,
means a conviction of the person that has been
expunged or extinguished, or whose effect has
otherwise ended, under—
(a) the Criminal Law (Historical Homosexual
Convictions Expungement) Act 2017; or
(b) a law of another State that provides for the
same, or substantially the same, matter as
the Act mentioned in paragraph (a).
harassment on the basis of sex see section 120.
homelessness, in relation to a person, includes the
person not having adequate, safe and secure
housing.
irrelevant medical record, in relation to a person,
means the person’s medical record, or a part of the
person’s medical record, that is not directly
relevant to the situation in which the record or part
of the record is being considered.
medical record, of a person, includes a record of
applications or claims the person has made for
compensation or other money to be paid under—
(a) the workers’ compensation scheme under
the Workers’ Compensation and
Rehabilitation Act 2003; or
(b) a similar scheme under another Act or a law
of another State or the Commonwealth.
person conducting a business or undertaking see
the Work Health and Safety Act 2011, section 5.
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physical appearance, of a person, means—
(a) the person’s weight, size or height; or
(b) the presence of a birth mark or scar on the
person’s face or body; or
(c) any other characteristic of the person’s face
or body—
(i) that the person has because of another
attribute of the person; or
(ii) that is not freely chosen.
positive duty means the duty under chapter 5C.
potential pregnancy, in relation to a person,
includes—
(a) the person’s capability to become pregnant;
and
(b) the person’s expressed desire to become
pregnant; and
(c) the person’s likelihood, or perceived
likelihood, to become pregnant; and
(d) the person’s undergoing of a medical
treatment or other procedure that procures,
or attempts to procure, pregnancy in the
person other than by sexual intercourse.
professional, trade or business qualification or
authorisation means 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.
public act, for chapter 4, part 4, see section 124B.
race includes—
(a) colour; and
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(b) descent, ancestry or caste; and
(c) ethnicity or ethnic origin; and
(d) nationality or national origin; and
(e) immigration or migration status.
relation, of a person, means—
(a) a person who is related to the person by
blood, spousal relationship, adoption or a
foster relationship; or
(b) a person on whom the person is completely
or mainly dependent; or
(c) a person who is completely or mainly
dependent on the person; or
(d) a person who is a member of the same
household as the person; or
(e) if the person is an Aboriginal person—a
person who, under Aboriginal tradition, is
regarded as a relative of the person; or
(f) if the person is a Torres Strait Islander
person—a person who, under Island custom,
is regarded as a relative of the person.
sexual harassment see section 119.
sexual orientation, of a person, means the
person’s capacity, or lack of capacity, for
emotional, affectional and sexual attraction to, or
intimate or sexual relations with, persons of a
different gender or the same gender or more than
one gender.
subjection to domestic or family violence, in
relation to a person, means the person is or has
been subject to domestic violence within the
meaning given by the Domestic and Family
Violence Protection Act 2012, section 8.
trade union activity means any of the following
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