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FAQ (Frequently Asked Questions)Why was the
Anti-Discrimination Act 1991
introduced? 
Why was the Anti-Discrimination Act 1991 introduced?The Act was assented to on 9 December 1991 and
commenced (with the exception of sections relating to superannuation
and insurance) on 30 June 1992. At that time only Queensland,
the Northern Territory and Tasmania did not have state anti-discrimination
legislation.
What is discrimination?In general terms, discrimination is any practice
that makes distinctions between individuals or groups so as to
disadvantage some and advantage others.
What is indirect discrimination?Indirect discrimination describes a situation or condition, which on its face appears to be neutral, or the same for everyone. In fact a person with an attribute (e.g. parental status, impairment, religion, race) is unable, or less able, to comply with that condition than someone without that attribute. The Act defines indirect discrimination at section 11 and provides examples.
What is equal employment opportunity (EEO)?EEO exists when people are treated on their merits at every stage of the employment relationship. This includes: selection and recruitment, promotion and transfer, training and development opportunities, retrenchment and redundancy.
Bullying - questions and answersQUESTION: I am an Indigenous man and I work in the manufacturing industry.
My boss keeps making remarks about me getting the job because
I’m 'black', and he tells my co-workers that if I’m
not at work one day it’s because I’ve gone 'walkabout'.
He keeps a really close eye on my work, even though I don’t
think I need it, and he questions any time I have off, but he
doesn’t worry when the others have a 'sickie'
or spend their lunchtimes at the pub. ANSWER: From what you’ve mentioned, you’d be able to lodge a complaint of discrimination with this Commission on the basis of race, in the area of work. The incidents you talk about could also be seen as bullying behaviour, but because they’re linked to, or based on your race, they fall within the scope of anti-discrimination legislation. QUESTION: What can I do about a co-worker who seems to think everything he does is a joke? The other day, he 'accidentally'; locked me in the toilet for a couple of hours, and only let me out when I started to panic. He’s also left fake messages on my phone about members of my family being taken to hospital, he’s swapped some of my medication around, a couple of times he’s set up my chair so that it collapses when I sit on it, and he’s started to spread rumours about me. ANSWER: This is bullying behaviour. It’s inappropriate and unreasonable and repeated. It fits the definition of bullying which includes interfering with personal effects or equipment, and teasing. Bullying can also include yelling or abuse, constant criticism of work, isolating a person in the workplace, undermining work performance, overworking or underworking staff. While this person may not intend to hurt or undermine you, this could well be the result. The behaviour doesn’t seem to be based on any ground covered by anti-discrimination legislation, so you wouldn’t be able to lodge a complaint with us, but if your employer has a policy on bullying, you could find out about their complaint process. From the incidents you’ve described, there could also be an issue of workplace health and safety. QUESTION: My boss runs this place as if it’s his own little fiefdom. He yells at everyone, regardless of how far away they are at the time, he’s abusive to staff even in front of clients, he has a 'nickname' for each staff member which some of us find embarrassing and he just loads us up with work when we haven’t got a chance of meeting the deadline. Then when we don’t, he abuses us even more. Can I lodge a complaint with you? ANSWER:The short answer is no. This type of behaviour is classic bullying, bullying at it worst and at its most common. You wouldn’t be able to lodge a complaint with this Commission, because the bullying isn’t based on one of the grounds (such as age, sex, disability or religion) covered by the Act. If your employer has a policy on bullying, you might want to lodge a complaint with the company. You could also call the Queensland Working Women’s Service for more information about what you can do. Other organisations which might be able to assist are the Workplace Health and Safety Division of the Department of Employment, Training and Industrial Relations, or the Beyond Bullying Association.
What stops someone making up an allegation of discrimination against me?The Commission is bound by the rules of natural justice to see that both sides to a complaint are given the opportunity to put their side of the story, produce evidence, witnesses and be legally represented. Under section 139, the Commissioner is bound to reject a complaint if:
Pre-employment - questions and answersQUESTION: We're in the process of developing a new employment application form for our company. Can you give us some feedback please, and let us know if any of the questions breach the Act? ANSWER:I've had a look at the form, and the questions asking for personal details, employment history and referees are fine. The questions in the `health' section, however could be problematic. There's a section of the Act which makes it unlawful to ask another person to supply information on which unlawful discrimination may be based. The example used in the Act says: 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. A further section of the Act says that a defence can be argued to this, if the employer (in your case) proves, on the balance of probabilities, that the information is reasonably required for a purpose that didn't involve discrimination. So, asking people to tick a list of possible medical conditions they might have, which are not necessary or not related to the essential requirements of the job may be in breach of the Act. QUESTION: I want to advertise for a junior, but someone told me I could have a complaint made against me if I did. Is this right? ANSWER:No, you can advertise for a junior. While discriminating against someone on the basis of their age is discriminatory, there are also exemptions. Exemptions simply mean that what is usually unlawful discrimination, is not unlawful in certain circumstances. The Act contains an exemption (or a certain circumstance) regarding youth wages. It says : a person may remunerate a worker who is under 21 years of age according to the worker's age. QUESTION: I work for an employment agency, and one of our clients has asked us to find an attractive young woman to work with customers in their small business. Can we do this? ANSWER:No. Seeking a person to fit this client's needs could result in a complaint of discrimination on the basis of age and/or sex. When we discuss this issue with employment agencies, they often mention that they are concerned about losing the client if they don't supply the type of person the client wants. We suggest that they might turn this situation to their advantage by promoting their expertise in complying with the Act, and perhaps carving out a niche market in dealing with placements on the basis of compliance with discrimination legislation.
Can I complain about television ads which I find offensive?The discriminatory advertising provisions in
the legislation refer to ads where someone shows an intention
to break anti-discrimination laws, for example, where an employer
indicates that only female applicants need apply for a job where
a person’s sex is irrelevant to their ability to do the work.
What is an exemption?Particular exemptions mean that not all forms of discrimination are against the law in all circumstances. The legislation allows exemptions when they are welfare or equal opportunity measures designed to benefit or promote equal opportunity for a member of a disadvantaged group or a person with particular needs, e.g. setting aside parking spaces for people with a disability. Other exemptions are possible, particularly in the case of genuine occupational requirements for employment and for workplace health and safety. Sex and age discrimination are allowed in some situations, including employment. There are also exemptions involving workers with impairments. This means that even the law requires employers to make reasonable adjustments to accommodate the particular needs of people with disabilities, discrimination might be allowed if the circumstances of the impairment would impose an unjustifiable hardship on the employer.
What is the difference between the Anti-Discrimination Commission and the Anti-Discrimination Tribunal?The Anti-Discrimination Commission has responsibility for handling complaints of discrimination, sexual harassment and racial and religious vilification in the first instance. We do this by:
The Anti-Discrimination Tribunal hears complaints of discrimination which have been referred to it by the Anti-Discrimination Commission. It operates in a similar way to a Court. The Tribunal seeks to operate its proceedings in an informal and non intimidating manner. All the members of the Tribunal are experienced lawyers.
Is the Anti-Discrimination Act 1991 the only law about discrimination?The Anti-Discrimination Act 1991 is not the only legislation about discrimination. There are also laws at a Commonwealth level, which is administered by the Human Rights and Equal Opportunity Commission. The current Commonwealth laws are:
The Commonwealth laws, like our state laws, do not prohibit all types of discrimination. If both the Commonwealth and State laws apply, you can chose which law you want to lodge your complaint under. You cannot lodge your complaint under both Commonwealth and State law. If you start your complaint under the State law you cannot decide later to move your complaint under a Commonwealth law. But you can start under the Commonwealth law and later decide to move to State law.
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