Responding to a Complaint

RESPONDING TO A COMPLAINT

index
	Background. What discrimination is illegal? What questions are illegal to ask? What sexual harassment is illegal? What vilification is illegal? What victimisation is illegal? Who is responsible?? How will I know when a complaint has been made against me? What happens when I get a complaint? Should I respond in writing to the complaint? What else do I need to know?

Background

The Anti-Discrimination Act 1991 (the Act) makes it illegal to discriminate against, ask unnecessary questions of,sexually harass, publicly vilify and victimise people in certain circumstances.

The Anti-Discrimination Commission Queensland deals with complaints about these issues. If a complaint has been made against you or your business, the following information will help. Please contact us if you have any questions.

What discrimination is illegal?

Discrimination happens when a person is treated worse than others in a similar situation. NOT all discrimination is illegal.

Grounds

For a complaint to be accepted by us, the worse treatment must have happened BECAUSE OF the person's actual or presumed:

sex
sexuality
gender identity
lawful sexual activity as a sex worker
relationship status
parental status
family responsibilities
pregnancy
breastfeeding
age
race
impairment
religious belief or activity
trade union activity
political belief or activity or
association with a person identified by one of the above grounds

Areas

The person complaining ALSO needs to show that the worse treatment happened when they were:

at work, applying for a job, doing work experience or volunteer work
obtaining goods or services (for example, at a shop, café, pub, bank, doctor, taxi or car yard)
accessing premises or facilities
obtaining State Government or Local Council services
at school, TAFE college, university or other place of education
renting or getting other accommodation
applying for insurance or superannuation
buying real estate
joining or as a member of a club (non-profit clubs like bowls clubs are NOT covered but night clubs are)
a member of a local government

So,if the person alleges they have been treated worse than others, on a ground and in an area above, we will accept their complaint of discrimination.

What questions are illegal to ask?

Asking a person for unnecessary information which could be used to discriminate against them is illegal, unless you really need the information for a good reason that is not discriminatory.

So,if a person alleges they were asked a personal question about one of the grounds covered by the Act when they were applying for a job or in one of the other areas covered by the Act, we will accept their complaint.

What sexual harassment is illegal?

Sexual harassment happens when a person feels harassed (offended, humiliated or intimidated) by unwelcome sexual behaviour in circumstances where a reasonable person would anticipate that a person may feel harassed. Sexual harassment is illegal no matter where it happens.

So,if a person alleges they have been sexually harassed, their complaint will be accepted by us.

What vilification is illegal?

Vilification is illegal when it happens in public, and it encourages others to hate, threaten or strongly react against a person or group of people, because of their:

race
religion
sexuality or
gender identity

So, if a person alleges they were publicly vilified because of one of the grounds above, we will accept their complaint. If they, their family or property was publicly threatened, they could also complain to the police.

What victimisation is illegal?

If a person alleges they were treated badly because they were a witness, complainant or respondent to a complaint about discrimination, sexual harassment, public vilification or being asked unnecessary questions under the Act, we will accept their complaint.

Who is responsible?

The individual who discriminated, asked unnecessary questions, sexually harassed, publicly vilified, or victimised the person, is responsible for their own behaviour. If they did it while at work, their employer is also responsible, unless they took reasonable steps to prevent the behaviour.

Anyone who encouraged or requested the behaviour is also responsible.

How will I know when a complaint has been made against me?

You will only hear about a complaint to us if we accept it. If a complaint is accepted it means that the allegations seem to be covered by the Act. It does not mean we have decided that discrimination, unnecessary questions, sexual harassment , vilification or victimisation happened.

If we have accepted the complaint, a copy will be sent to you. This may be the first time you hear about it.

What happens when I get a complaint?

When you get a complaint, you (the respondent) have 28 days to respond in writing or ask for an earlier meeting than already set to talk about the complaint.
If you respond, you must send a copy to us and to the person making the complaint (the complainant) to see if they are satisfied with your response.
We will call a compulsory meeting (conciliation conference) to talk about the complaint and help everyone reach an agreement. You must attend this conference.
If there is an agreement, we will write it down and have everyone sign it so that it is binding.
If there is no agreement, we will ask the complainant if they want to have their complaint decided by the Anti-Discrimination Tribunal.

Should I respond in writing to the complaint?

You don't have to respond in writing but it might be helpful to give the complainant some time to think about what you have to say. They may be satisfied with your response and the complaint will go no further.

If you want to respond in writing, your response should:-

Give your side of the story especially if there is a reasonable explanation for what happened;
Keep in mind that the complainant will be reading your response;
Suggest how you want to resolve the complaint;
Be sent, within 28 days of you receiving the complaint,to the complainant at their address for service and to us with confirmation that it was also sent to the complainant;
Give your phone number and address for service where you can be easily reached - this address for service will be given to all the complainants and any other respondents. If you want to keep your home address private, use a PO Box, the address of an organisation, lawyer or other reliable person;
Tell us if you would prefer contact by email or fax and give your details;
Tell us if you want to try to have a conference earlier than the date already set;
Be signed and dated.

What else do I need to know?

There are no fees for our services.

If you need legal or other advice about your case, we can suggest where to go for help. We cannot give you advice or write your response for you.

We may investigate the complaint but we will not take sides.

We will try to help everyone reach an agreement but will not decide for you.

You should keep this complaint confidential and only tell your legal advisers and those who are helping with your response.

The complainant can withdraw their complaint at any time.

For more information you can call us, read our brochures, check our website, or come in and use our library. We also run information sessions and training.

This page is also available in Word format.

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.