LAWFUL SEXUAL ACTIVITY DISCRIMINATION

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What is discrimination based on lawful sexual activity?

It is being treated unfairly because you engage in lawful sex work. It may be unlawful depending on the circumstances.

Generally speaking, sex work is lawful if a person:

• works as a sole operator visiting clients, or works out of their own home, and doesn’t work with or employ any staff, except for licensed security guards, or
• works in a licensed brothel.

For more information and advice about this, contact the Prostitution Licensing Authority on 3109 4900, or SQWISI on 3844 4565.

Examples

• A real estate agent refuses you private accommodation when he finds out your occupation.
• A bank refuses to give you credit facilities when your occupation becomes known, despite your stable financial record.

The law that prohibits discrimination on the basis of lawful sexual activity is the Queensland Anti-Discrimination Act 1991.

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When and where can discrimination happen?

Unlawful discrimination on the basis of lawful sexual activity can happen at work, school or college, in a shop or a restaurant, looking for accommodation, buying property, applying for credit, insurance or a loan, or dealing with tradespeople, businesses or state or local government.

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What can I do about it?

You could talk to the person or people involved. Tell them you object to what they are doing, and ask them to stop. Often, this is enough.

You could also phone or visit one of our offices. Our staff can give you information about the law and explain how complaints are handled.

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How do I make a complaint?

Write down the details of what happened to you in a letter, get a complaint form from our website www.adcq.qld.gov.au or call one of our offices for a form.

Include

• your name, address for service and phone number
• a description of what happened, when and where
• who your complaint is about and their contact details and
• any other useful information.

Your complaint must be lodged with the Commission within twelve months of the discrimination happening.

The Commission’s service is free. However, you may have to pay for any legal or other advice you decide to get.

Your complaint can be in any language as we will use translators if we need to.

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What happens to my complaint?

Your complaint will be assessed to see if the conduct you describe may be illegal. If so, we will arrange a meeting with both you and the person or people you’ve complained about to discuss the issues and try to come to some agreement. The Commission will not take sides or represent anyone.

If you can’t agree, the complaint may be referred to the Anti-Discrimination Tribunal, which will hold a public hearing and make a decision based on the evidence.

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What else do I need to know?

The Commission runs information sessions and training courses about anti-discrimination law. We also have brochures on a range of discrimination issues.

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This information is a guide only and is not a substitute for legal advice. For more information contact the Commission on 1300 130 670 statewide or TTY 1300 130 680 statewide. (Version November 2006)