ADCQ Annual Report 2007–08
Anti-Discrimination Tribunal
The Tribunal hears and determines complaints of discrimination, harassment, vilification and victimisation which are referred to it by the Commission.
It may also grant exemptions from the Act, provide opinions to the Commissioner about the application of the Act, grant interim orders and review the Commissioner's decision to lapse complaints for delay.
The Tribunal is like a court, but its processes are less formal. People can represent themselves or be represented by lawyers or advocates with the Tribunal's permission.
The Tribunal Members
There are eight members based in Brisbane, two in Cairns and one in Townsville.
Jean Dalton SC completed her term as Tribunal President at the end of the financial year, and will be replaced by Douglas Savage SC. The other members are: David Boddice SC, Tracy Fantin, Colin Forrest, Jenny Hogan, Marjorie Pagani, Andrew Philp SC, Darryl Rangiah, Peter Roney, Robert Wensley QC and Elizabeth Wilson. During the year Peter Murphy SC was promoted to the Family Court and consequently resigned from his position as Tribunal member.
This year 90 complaints were referred to the Tribunal by the Commission and a total of 150 complaints (received in this or previous fi nancial years) were finalised.
In 2007-08, 80% of matters finalised at the Tribunal were resolved before the final hearing by conciliation, settlement, withdrawal or an interlocutory hearing. Of these, the majority were settled at a conciliation conference or by negotiation between the parties. Forty-five percent of matters conciliated, settled at the conference.
Twenty-eight matters proceeded to a final public hearing, including one matter that settled after the hearing started, and four hearings that continued from the previous year.
Fourteen complaints heard in this or previous years were finalised by a decision delivered after a final public hearing. Of these final hearings:
- five complaints were upheld
- nine complaints were dismissed
There have also been 14 decisions delivered following interlocutory hearings or hearings related to non-fi nal orders such as production of documents, costs or quantum.
In two Supreme Court appeals, the Court upheld the decision of the Tribunal. In Black & White (Quick Service) Taxis Ltd v Sailor &Anor [2008] QSC 77, the Supreme Court upheld the order of the Tribunal to dismiss an application by the Respondent to join a further party to the proceedings. In N (on behalf of another) v State of Queensland (acting through the Department of Education and the Arts) [2007] QSC 208, the Supreme Court upheld the decision of the Tribunal to order costs against the Complainant who had not appeared at a final hearing.
In Byrne v Public Trustee of Queensland [2007] QSC 102, the Supreme Court struck out the Notice of Appeal on the basis that it was not in accordance with the Anti-Discrimination Act 1991.
Exemptions
One application for exemption was received in 2007-08, but it was withdrawn prior to a hearing. Two were decided from previous years.The exemptions were granted in both cases.
Exemption application re: AMACSU, QSU, FCUNQ and UNiTAB [2007] QADT 18, related to calculation of redundancy severance payments on the basis of age.
Exemption application re: Raytheon Australia Pty Ltd & Ors [2008] QADT 1, related to employment of people in a business of commercially supplying defence articles, services and products. The Anti-Discrimination Commission Queensland, Queensland Council of Unions and Ethnic Communities Council of Qld opposed the granting of an exemption.
As a result of submissions from these agencies, the applicant reframed the exemption to make it narrower and to demonstrate a need for the exemption. The exemption was sought to enable the applicants to comply with the restrictions imposed upon their business activities by the laws of the United States of America including the provision of information to persons of certain nationalities. The exemption was granted with numerous conditions, for three years, instead of the five years sought.
One application for exemption is awaiting finalisation.
One request for an opinion was received this year. The Tribunal decided that it was not appropriate to provide an opinion in that case because it was in relation to a hypothetical scenario the details of which were not known, and it would prevent a complaint being made under the Anti-Discrimination Act 1991 by a specific person.
Interim orders
Four applications for interim orders were received this year. One was dismissed, one was withdrawn after a hearing, and two were withdrawn prior to a hearing.
No applications to review the Commissioner's decision to lapse a complaint were received this year.
Education & Training
Training was provided to 19 advocates on Tribunal processes during the year.
QCAT
In early 2008, the Queensland Government announced its intention to create a civil and administrative tribunal (QCAT), to amalgamate almost 30 individual tribunals. The Tribunal is actively participating in ongoing amalgamation plans with QCAT, has had consultations with and made signifi cant submissions to the Review Committee regarding its processes to ensure the effective integration of the Anti-Discrimination Tribunal into QCAT.
Judicial review
During 2007-08 there was one application to the Supreme Court for review under the Judicial Review Act 1991. The application was discontinued at an early stage without a hearing.
Tribunal matters
Tribunal decisions
Back to Table of Contents for 2007-2008 ADCQ Annual Report
