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)||Purpose||Outcome|
| Jones v Queensland Health
 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
Attrill v Department of Corrective Services  QCATA 31 (24 February 2012) A Wilson J, Howard.
State of Queensland v Attrill  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  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  QCAT 131 (2 April 2013) Endicott|
Restrain redundancy process.
Coop v State of Queensland  QCAT 263 (5 June 2013) Endicott
Coop v State of Queensland  QCATA 205 (16 July 2014) Horneman-Wren J
Prohibit effect being given to a notice of termination on the grounds of ill health retirement.
Appeal to QCAT Appeal Tribunal.
| Singh v Donoghue & Rockhampton Cab Company Ltd
 QCAT 526 (4 October 2013) |
Prevent respondent taking action about letters of complaint.
| Luthje v State of Queensland
 QCAT 417 (29 August 2014) |
|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)  QCAT 220 (9 July 2018)
Prevent the respondent from removing a child from school until the complaint is resolved.
| McAllister v Anti-Discrimination Commission Queensland
 QIRC 120 (20 September 2018|
|Prohibit the Anti-Discrimination Commissioner from lapsing the complaint under s 168 of the Anti-Discrimination Act 1991 .||
No power to grant the order sought.