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
[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 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. |
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. Appeal to QCAT Appeal Tribunal. |
Singh v Donoghue & Rockhampton Cab Company Ltd
[2013] QCAT 526 (4 October 2013) Endicott | Prevent respondent taking action about letters of complaint. | Refused. |
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) | Prevent the respondent from removing a child from school until the complaint is resolved. | Refused. |
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. |
Bond v Multicap Limited [2020] QIRC 051 (6 April 2020) Power IC | Prohibit the respondent from terminating the employment of the complainant pending resolution of the complaint, or further order of the QIRC. | Granted |
Seen v Rebel Sport Limited [2021] QIRC 086 (12 March 202) McLennan IC | Prohibit the respondent from subjecting the complainant to any act that might be prejudicial to his employment, pending determination or further order of the QIRC. | Refused. Proceeding with workplace investigation and possible disciplinary action would not prejudice the investigation or conciliation of the complaint, or an order that the tribunal might make. |
Boles & Walsh v Vonk & Ors [2022] QCAT 144 (26 April 2022) | Prohibit the respondent medical practice from excluding the complaints from attending for medical services, from publishing a letter, and from enforcing a policy requiring masks to be worn. | Refused |
Smith v State of Queensland (Queensland Health)[2022] QIRC 190 (2 June 2022) | Stop the recruitment and appointment process for a temporary position in a hospital | Refused |