Legal notes

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.

Read more about Woodforth v State of Queensland [2017] QCA 100.

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High Court

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.

Read more about Lyons v State of Queensland [2016] HCA 38.

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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.

Read more about Xi v WorkCover Queensland [2016] QCATA 134.

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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 .

Read more about Dovedeen Pty Ltd v GK [2013] QCA 116.

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Sexuality vilification

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.

Read more about Menzies v Owen [2014] QCAT 661.


Qld Civil and Administrative Tribunal processes

A selection of decisions about the Queensland Civil and Administrative Tribunal (QCAT) processes.

Interim orders before referral

Costs

  • 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.

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