Anti-Discrimination Commission Queensland

YOUR GUIDE

index
What does the law say? When is it against the law? Which parts of life are covered? Is all discrimination against the law? What about bullying? Are there any exceptions? Direct and indirect discrimination. What about sexual harassment? And vilification? Who is responsible? What can I do? What happens if I do lodge a complaint? What else do I need to know?

What does the law say?

The law (the Queensland Anti-Discrimination Act 1991) is about fairness - it doesn't matter what sex, race or age you are, if you have an impairment or what political beliefs you have - you're entitled to be treated fairly.
The Anti-Discrimination Commission administers the law which protects everyone from unfair discrimination, sexual harassment and vilification in many parts of their lives.

When is it against the law?

The Act says it is against the law to treat you unfairly because of your:

sex
relationship or parental status
race
religious belief or activity
political belief or activity
impairment
trade union activity
lawful sexual activity
pregnancy
breastfeeding needs
family responsibilities
gender identity
sexuality
age

It's also against the law to treat you unfairly because you are linked to someone from one of these groups. For example, if you have to leave a café because your breastfeeding friend has been asked to leave, it is unlawful, and you, as well as your friend, could lodge a complaint with this Commission.

Which parts of life are covered?

The Act covers you if you are treated unfairly when you:

apply for a job, or try to get into a course
are at work, school, college or university
buy things in shops, hotels etc.
rent a flat, house, caravan or motel room
apply for credit or a loan
use any business, trade or professional services
use services provided by your city or shire council or the state government
deal with superannuation or insurance companies
buy land

If you wanted to lodge a complaint with us, you'd need to show you were treated badly or unlawfully on one of the grounds (e.g. race) and in one of the areas (e.g. at work) and tell us how you were affected by it.

Is all discrimination against the law?

No. The law is very clear. No matter how unfair the treatment is, it must be covered by the Act before we can deal with it.

So the Commission could not deal with a complaint if, for example, you were treated unfairly because of your physical appearance, or because the unfairness happened in another state, or because of bullying in your workplace.

What about bullying?

Bullying as such is not covered under the Act. The only way we could accept a complaint about bullying is if it is linked to one of the grounds covered by the Act. If, for example, the bullying is based on your impairment, or your sex, then we could take a complaint.

Otherwise, you might want to contact the Division of Workplace Health and Safety (if it concerns health or safety), the Queensland Working Women's Service (for advice and information) or the Queensland Industrial Relations Commission (if it's an industrial issue).

Are there any exceptions?

Yes. Again, the law is clear about this. Exceptions, or exemptions, are allowed in some cases. In many of these cases, it is just common sense. For example, it is lawful to set aside parking spaces for people with an impairment, or to take some actions to help ‘level the playing field’, such as allowing only Indigenous people to apply for certain jobs.

Direct and indirect discrimination

Most unfair treatment is clear, for instance not getting a job because you're told you're too old, or not being able to rent a flat because you and your partner aren't married, but sometimes it is less obvious.

Sometimes, a policy or rule seems fair because it applies to everyone, but a closer look shows that some people are being treated unfairly.

For example, an employer might have a policy of not letting staff work part-time. This policy could impact unfairly on people who have children and can't work full-time, and may be against the law. This is called indirect discrimination, and is against the law, where it can be shown that the rule isn't reasonable in all the details of the case.

What about sexual harassment?

Sexual harassment is any unwelcome sexual attention that is offensive in some way. It is against the law whenever and wherever it happens.

And vilification?

Vilification because of your race, religion, sexuality or gender identity is also covered under the Act. This is the sort of public behaviour which incites people to hate others because of their race, religion, sexuality or gender identity.

Who is responsible?

Anyone who discriminates against anyone else, sexually harasses or vilifies them, is responsible and may be liable under the law. An employer can also be held liable for any unfair treatment done by their workers. Complaints can be made against either or both.

Employers can defend themselves against this vicarious liability by showing they took reasonable steps to reduce or stop the discrimination from happening.

While these steps aren't listed in the Act, they could include: having policy about not discriminating, harassing or vilifying others in the workplace: training staff, especially supervisors and managers in this policy, and about the Act: having a process in place for dealing with complaints in the workplace.

Employers can't argue that they didn't know what was going on in the workplace, in order to defend this liability.

What can I do?

If you believe you have been treated unfairly, you can do a number of things.

Try talking to the person involved. Sometimes people just need a reminder about their behaviour, or to be told when they've stepped over the line. This won't work in every case, however, and you may not feel comfortable about doing it at all.
If the behaviour happens at work, you might want to speak to your manager, or a union rep or someone you trust. You might also want to find out whether your employer deals with complaints, and if they do, you may want to lodge one.
Contact the Anti-Discrimination Commission. We have staff who can answer questions about your case, give you information about the Act, and refer you to other agencies. As a result of talking to our staff, you may decide to lodge a complaint.

What happens if I do lodge a complaint?

You need to lodge your signed complaint in writing within one year of the behaviour happening. It must refer to one of the grounds and one of the areas covered by the Act (unless it is about sexual harassment or vilification).

You need to give us enough detail for us to assess whether there may have been a breach of the Act, so include your full details, and those of the person or organisation you're complaining about. Give us dates, names of other people present, and any other information you think would be useful in helping to assess your complaint.

If we assess your complaint as falling within the Act, it will be dealt with seriously, confidentially and independently. There is no charge for this, although if you decide to seek legal or other advice, there may be costs involved.

What else do I need to know?

This brochure only touches on some aspects of the Act. If you need to know more, please contact one of our offices and talk to an Enquiry Officer.
There are federal laws about discrimination, sexual harassment and vilification. You could call the Human Rights and Equal Opportunity Commission in Sydney, on 1300 656 419 for more information.
We have brochures on other discrimination issues which are available from all our offices or from this website.
You might be interested in having an information session on the Act in your workplace, or attending one of the courses we run . You can call one of our offices for more information about this, or again, check the website.

This information is intended as a guide only. It is not a substitute for legal advice. For more information contact the Commission on 1300 130 670 statewide or Teletypewriter 1300 130 680 statewide.