This page contains information about significant court and tribunal decisions on legal points.
Characteristic of impairment — Purvis distinguished
A woman who relied on Auslan to communicate because of a hearing impairment, claimed she was subjected to impairment discrimination in her dealings with police, because they failed to provide an Auslan interpreter and failed to investigate her complaints in a timely manner.
Direct and indirect discrimination — halal meat in prison
A Muslim prisoner experienced direct and indirect discrimination, at different times, both in relation to the food he was given.
High Court — no discrimination in jury exclusion
A complaint by a deaf woman, who was summoned for jury duty but excluded from a jury panel, is the first complaint under the Anti-Discrimination Act 1991 (Qld) to go all the way to the High Court of Australia.
Language ability a characteristic of race
The QCAT Appeal Tribunal set aside a decision to dismiss a complaint of race discrimination. A woman who was of Chinese origin, and who had limited ability to communicate in English, alleged that WorkCover failed to provide an interpreter for her when communicating about her claim.
Lawful sexual activity
In the original hearing at QCAT , a self-employed sex worker complained that she had been discriminated against on the basis of the attribute of
lawful sexual activity in being denied accommodation at a motel in Moranbah.This is an appeal from a decision of the Appeal Tribunal of QCAT .
This was a complaint of sexuality vilification that was originally upheld by the Anti-Discrimination Tribunal. It was set aside by the Supreme Court on the basis the tribunal had erred in effectively deciding a constitutional issue raised by the respondent. The complaint was returned to QCAT , but two of the four original complainants had dropped out of the proceedings, and the remaining two complainants had abandoned their claims for compensation.
Qld Civil and Administrative Tribunal processes
A selection of decisions about the Queensland Civil and Administrative Tribunal (QCAT) processes.
- Compulsory conferences
- Contentions - purpose and content
- Directions hearings
- Joining parties
- Legal representation
- Producing documents
- Self-executing orders and general principles for proceedings
Interim orders before referral
- Claim for test case: The tribunal refused costs in a case where the successful complainant argued that the claim had been in the nature of a test case.