Protecting complainant's interests before referral - applications to the QCAT and the QIRC

This is a table of decisions of the Queensland Civil and Administrative Trininal and the Queensland Industrial Relations Tribunal on applications under section 144 of the Anti-Discrimination Act 1991 for orders to protect a complainant's interests while the complaint is still before the Commission.

At any time before a complaint is referred to the relevant tribunal, the complainant or the Commissioner may apply to the tribunal for an order to stop a person from doing something that might prejudice:

  • the investigation or conciliation of the complaint; or
  • an order that the tribunal might make after a hearing.
Case, date & decision-maker(s)PurposeOutcome
Jones v Queensland Health [2010] QCAT 700 (16 December 2010)
A Wilson J
Prohibit respondent from further exercising its powers under Chapter 5, Part 7, in particular s 178, of the Public Service Act 2008 until the complaint is heard and determined by QCAT, or until further order. Granted

Attrill v State of Queensland
[2011] QCAT 361 (5 August 2011)
Endicott

Attrill v Department of Corrective Services [2012] QCATA 31 (24 February 2012) A Wilson J, Howard.

State of Queensland v Attrill [2012] QCA 299 (2 November 2012) McMurdo P, Holmes JA, Douglas J.

Prohibit respondent employer from continuing an ill health retirement process under the Public Service Act 2008 .

Dismissed — not a valid complaint because PS Act impliedly repeals s 15 of the AD Act, therefore no jurisdiction to grant injunction under s 144.

Appeal to QCAT Appeal Tribunal. Anti-Discrimination Commissioner intervened. Set aside on appeal and remitted for consideration under QCAT Act

Appeal to Court of Appeal dismissed

McIntyre v Hastings Deering (Australia) Ltd & Anor [2012] QCAT 438 (14 September 2012) A Wilson J Prohibit respondents from altering the complainant’s present hours of work in the manner proposed, until further order. Granted
Navaratnam v State of Queensland [2013] QCAT 131 (2 April 2013) Endicott

Restrain redundancy process.

Refused.
No process in place, and no relevant conduct of the employer that the tribunal could properly restrain at the time of the hearing.
Injunctive process must arise from the context of the complaint of discriminatory conduct.

Coop v State of Queensland [2013] QCAT 263 (5 June 2013) Endicott

Coop v State of Queensland [2014] QCATA 205 (16 July 2014) Horneman-Wren J

Prohibit effect being given to a notice of termination on the grounds of ill health retirement.

Refused.
Jones distinguished — applicant here is not receiving income; and decision making is finished, so no action can be prohibited.
s 144 is not a power to compel the doing of an act.

Appeal to QCAT Appeal Tribunal.
No prejudice to order the tribunal might make — tribunal can order reinstatement. Appeal dismissed

Singh v Donoghue & Rockhampton Cab Company Ltd [2013] QCAT 526 (4 October 2013)
Endicott

Prevent respondent taking action about letters of complaint.

Refused.
Not shown that imposition of a penalty might prejudice the investigation or conciliation of the complaint either at the Commission or QCAT. This case not analogous to McIntyre .

Luthje v State of Queensland [2014] QCAT 417 (29 August 2014)
Oliver
Prohibit respondents from further exercising powers under ss 174, 175, and 178 of the Public Service Act 2008 until complaint heard and determined or until further order. Granted

RDF v State of Queensland (Education Queensland) [2018] QCAT 220 (9 July 2018)
Kanowski

Prevent the respondent from removing a child from school until the complaint is resolved.

Refused.
Complaint had been referred by the time of hearing, therefore no jurisdiction to make the order.

McAllister v Anti-Discrimination Commission Queensland [2018] QIRC 120 (20 September 2018
O'Connor DP
Prohibit the Anti-Discrimination Commissioner from lapsing the complaint under s 168 of the Anti-Discrimination Act 1991 . Refused.
No power to grant the order sought.

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