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ANTI-DISCRIMINATION ACT 1991

- As at 30 March 2018
- Act 85 of 1991

TABLE OF PROVISIONS

           Long Title

           Preamble

CHAPTER 1 - PRELIMINARY

   1.      Short title
   2.      (Repealed)
   3.      Act binds Crown
   3A.     Application of Act to ships connected with Queensland
   4.      Definitions
   4A.     Meaning of public act
   4B.     (Repealed)
   4C.     (Repealed)
   5.      Meaning of unjustifiable hardship

CHAPTER 2 - DISCRIMINATION PROHIBITED BY THIS ACT (COMPLAINT)

   PART 1 - ACT’S ANTI-DISCRIMINATION PURPOSE

   6.      Act’s anti-discrimination purpose and how it is to be achieved

   PART 2 - PROHIBITED GROUNDS OF DISCRIMINATION

   7.      Discrimination on the basis of certain attributes prohibited
   8.      Meaning of discrimination on the basis of an attribute

   PART 3 - PROHIBITED TYPES OF DISCRIMINATION

   9.      Discrimination of certain types prohibited
   10.     Meaning of direct discrimination
   11.     Meaning of indirect discrimination

   PART 4 - AREAS OF ACTIVITY IN WHICH DISCRIMINATION IS PROHIBITED

           Division 1 - Part’s structure

   12.     Explanatory provision (structure)

           Division 2 - Work and work-related areas

              Subdivision 1 - Prohibitions in work and work-related areas

   13.     Explanatory provision (prohibitions)
   14.     Discrimination in the pre-work area
   15.     Discrimination in work area
   15A.    Discrimination by principals
   16.     Discrimination by proposed partnership in pre-partnership area
   17.     Discrimination by existing partnership in pre-partnership area
   18.     Discrimination by existing partnership in partnership area
   19.     Discrimination by industrial, professional, trade or business organisation in pre-membership area
   20.     Discrimination by industrial, professional, trade or business organisation in membership area
   21.     Discrimination by qualifying body in pre-qualification area
   22.     Discrimination by qualifying body in qualification area
   23.     Discrimination in employment agency area

              Subdivision 2 - Exemptions for discrimination in work and work-related areas

   24.     Explanatory provision (exemptions)
   25.     Genuine occupational requirements
   26.     Residential domestic services
   27.     Residential childcare services
   28.     Work with children
   29.     (Repealed)
   30.     Single sex accommodation
   31.     Workers are to be married couple
   32.     Retiring age for partners
   33.     Youth wages
   34.     Special terms if job capacity is restricted by impairment
   35.     Special services or facilities required
   36.     Circumstances of impairment

           Division 3 - Education area

              Subdivision 1 - Prohibitions in education area

   37.     Explanatory provision (prohibitions)
   38.     Discrimination by educational authority in prospective student area
   39.     Discrimination by educational authority in student area

              Subdivision 2 - Exemptions for discrimination in education area

   40.     Explanatory provision (exemptions)
   41.     Single sex, religion, etc. educational institution
   42.     (Repealed)
   43.     Age-based admission scheme
   44.     Special services or facilities required

           Division 4 - Goods and services area

              Subdivision 1 - Prohibition in goods and services area

   45.     Explanatory provision (prohibition)
   45A.    Non-application of s 46 to provision of assisted reproductive technology services
   46.     Discrimination in goods and services area

              Subdivision 2 - Exemptions for discrimination in goods and services area

   47.     Explanatory provision (exemptions)
   48.     Sites of cultural or religious significance
   49.     Age-based benefits
   50.     Children to be accompanied by an adult
   51.     Special services or facilities required

           Division 5 - Superannuation area

              Subdivision 1 - Prohibitions in superannuation area

   52.     Explanatory provision (prohibitions)
   53.     Discrimination in superannuation area (goods and services)
   54.     Discrimination in superannuation area (pre-work)
   55.     Discrimination in superannuation area (work)
   56.     Discrimination in superannuation area (pre-partnership)
   57.     Discrimination in superannuation area (partnership)

              Subdivision 2 - Exemptions for discrimination in superannuation area

   58.     Explanatory provision (exemptions)
   59.     Commonwealth exemption (sex or relationship status)
   60.     Retention of existing superannuation fund conditions (age or impairment)
   61.     New superannuation fund conditions—actuarial or statistical data (age or impairment)
   62.     New superannuation fund conditions—other data (age or impairment)
   63.     New superannuation fund conditions—no data (age or impairment)
   64.     Application of Commonwealth occupational superannuation standard
   65.     Compliance etc. with Commonwealth legislation

           Division 6 - Insurance area

              Subdivision 1 - Prohibitions in insurance area

   66.     Explanatory provision (prohibitions)
   67.     Discrimination in insurance area (goods and services)
   68.     Discrimination in insurance area (pre-work)
   69.     Discrimination in insurance area (work)
   70.     Discrimination in insurance area (pre-partnership)
   71.     Discrimination in insurance area (partnership)

              Subdivision 2 - Exemptions for discrimination in insurance area

   72.     Explanatory provision (exemptions)
   73.     Commonwealth exemption (sex)
   74.     Actuarial or statistical data (age or impairment)
   75.     No actuarial or statistical data (age or impairment)

           Division 7 - Disposition of land area

              Subdivision 1 - Prohibition in disposition of land area

   76.     Explanatory provision (prohibition)
   77.     Discrimination in disposition of land area

              Subdivision 2 - Exemptions for discrimination in disposition of land area

   78.     Explanatory provision (exemptions)
   79.     Disposition by will or gift
   80.     Sites of cultural or religious significance

           Division 8 - Accommodation area

              Subdivision 1 - Prohibitions in accommodation area

   81.     Explanatory provision (prohibitions)
   82.     Discrimination in pre-accommodation area
   83.     Discrimination in accommodation area
   84.     Discrimination by refusing to allow reasonable alterations
   85.     Discrimination by refusing to allow guide, hearing or assistance dog

              Subdivision 2 - Exemptions for discrimination in accommodation area

   86.     Explanatory provision (exemptions)
   87.     Shared accommodation
   88.     Accommodation for workers
   89.     Accommodation for students
   90.     Accommodation with religious purposes
   91.     Accommodation with charitable purposes
   92.     Special services or facilities required

           Division 9 - Club membership and affairs area

              Subdivision 1 - Prohibitions in club membership and affairs area

   93.     Explanatory provision (prohibitions)
   94.     Discrimination by club in prospective membership area
   95.     Discrimination by club in membership and affairs area

              Subdivision 2 - Exemptions for discrimination in club membership and affairs area

   96.     Explanatory provision (exemptions)
   97.     Club established for minority cultures and disadvantaged people
   98.     Reasonable sex discrimination permitted
   99.     Reasonable risk of injury
   100.    Special services or facilities required

           Division 10 - Administration of State laws and programs area

   101.    Discrimination in administration of State laws and programs area

           Division 11 - Local government area

   102.    Discrimination by local government member

   PART 5 - GENERAL EXEMPTIONS FOR DISCRIMINATION

   103.    Explanatory provision (exemptions)
   104.    Welfare measures
   105.    Equal opportunity measures
   106.    Acts done in compliance with legislation etc.
   106A.   Compulsory retirement age under legislation etc.
   106B.   Citizenship or visa requirements imposed under State government policies etc.
   106C.   Accommodation for use in connection with work as sex worker
   107.    Public health
   108.    Workplace health and safety
   109.    Religious bodies
   110.    Charities
   111.    Sport
   112.    Legal incapacity
   113.    Tribunal
           113AA . Transfer of application from industrial relations commission to QCAT
   113A.   Appeal from tribunal decision

   PART 6 - DISCRIMINATION BY WORKER, AGENT, MEMBER ETC. ALSO PROHIBITED

   114.    Discrimination by worker or agent
   115.    Discrimination by member of industrial, professional, trade or business organisation
   116.    Discrimination by club’s committee of management etc.

CHAPTER 3 - SEXUAL HARASSMENT PROHIBITED BY THIS ACT (COMPLAINT)

   PART 1 - ACT’S FREEDOM FROM SEXUAL HARASSMENT PURPOSE

   117.    Act’s freedom from sexual harassment purpose and how it is to be achieved

   PART 2 - PROHIBITION OF SEXUAL HARASSMENT

   118.    Sexual harassment
   119.    Meaning of sexual harassment
   120.    Meaning of relevant circumstances

CHAPTER 4 - ASSOCIATED OBJECTIONABLE CONDUCT (COMPLAINT)

   PART 1 - ACT’S FREEDOM FROM ASSOCIATED OBJECTIONABLE CONDUCT PURPOSE

   121.    Act’s freedom from associated objectionable conduct purpose and how it is to be achieved

   PART 2 - REQUESTING AND ENCOURAGING CONTRAVENTION OF THE ACT

   122.    Request or encouragement of contravention
   123.    Liability for contravention

   PART 3 - UNLAWFUL REQUESTS FOR INFORMATION

   124.    Unnecessary information

   PART 4 - RACIAL AND RELIGIOUS VILIFICATION

   124A.   Vilification on grounds of race, religion, sexuality or gender identity unlawful

CHAPTER 5 - ASSOCIATED HIGHLY OBJECTIONABLE CONDUCT (COMPLAINT AND PENALTY)

   PART 1 - ACT’S FREEDOM FROM ASSOCIATED HIGHLY OBJECTIONABLE CONDUCT PURPOSE

   125.    Act’s freedom from associated highly objectionable conduct purpose and how it is to be achieved

   PART 2 - (Repealed)

   PART 3 - DISCRIMINATORY ADVERTISING

   127.    Discriminatory advertisements
   128.    Inducement

   PART 4 - VICTIMISATION

   129.    Victimisation
   130.    Meaning of victimisation
   131.    Victimisation continues even if proceedings etc. do not

CHAPTER 5A - SERIOUS RACIAL AND RELIGIOUS VILIFICATION

   131A.   Offence of serious racial, religious, sexuality or gender identity vilification

CHAPTER 5B - DISCRIMINATION AGAINST RESIDENTS OF REGIONAL COMMUNITIES (COMPLAINT)

   131B.   Definitions for chapter
   131C.   Prohibition on discrimination against persons in nearby regional communities in relation to work on large resource projects
   131D.   Provisions of this Act that do not apply for this chapter
           131E . Burden of proof—general principle
   131F.   Reason for action to be presumed unless proved otherwise
   131G.   Evidentiary aid

CHAPTER 6 - LIABILITY FOR CONTRAVENTIONS OF WORKERS AND AGENTS (COMPLAINT)

   132.    Act’s vicarious liability purpose and how it is to be achieved
   133.    Vicarious liability

CHAPTER 7 - ENFORCEMENT

   PART 1 - WHAT THE ANTI-DISCRIMINATION COMMISSION MAY DO

           Division 1 - The complaint process

              Subdivision 1 - All complaints

   134.    Who may complain
   135.    Complaint may allege more than 1 contravention
   136.    Making a complaint
   137.    Unfair agreements not to complain are not binding
   138.    Time limit on making complaints
   139.    Commissioner must reject frivolous, trivial etc. complaints
   140.    Commissioner may reject or stay complaints dealt with elsewhere
   141.    Time limit on acceptance or rejection of complaints
   142.    Reasons for rejected complaints
   143.    Respondent is to be notified of accepted complaint
   144.    Applications for orders protecting complainant’s interests (before reference to tribunal)
   145.    Anonymity

              Subdivision 2 - Representative complaints

   146.    Representative complaints
   147.    Criteria for determining whether prima facie representative complaint
   148.    Amendment resulting in representative complaint
   149.    Amendment resulting in non-representative complaint
   150.    Directions about conduct of representative complaint
   151.    Representative complainant must choose
   152.    Non-representative complaint not precluded by representative complaint

              Subdivision 3 - Complaints by dismissed workers

   153.    Dismissed worker lodges complaint first
   154.    Dismissed worker applies for industrial relief first

           Division 2 - The investigation process

   154A.   Investigation of complaint
   155.    Requirement to initiate investigation
   156.    Commissioner may obtain information and documents
   157.    Commissioner may obtain actuarial, statistical or other data

           Division 3 - The conciliation process

   158.    Conciliation of complaints
   159.    Attendance at conciliation conference
   160.    Party fails to attend conference
   161.    Conference to be held in private
   162.    Interpreter may be used
   163.    Representative may be used with permission
   164.    Resolution by conciliation
           164AA . Confidentiality of conciliation

           Division 4 - Unconciliated complaints

   164A.   Right of complainant to seek referral to tribunal after conciliation conference
   165.    Complaints which are not resolved by conciliation
   166.    Complainant may obtain referral of unconciliated complaint
   167.    Complainant or respondent may seek referral after 6 months

           Division 5 - Lapsed or withdrawn complaints or authorisation

   168.    Frivolous etc. complaint lapses
   168A.   Complaint may lapse if dealt with elsewhere
   169.    Complaint may lapse if complainant loses interest
   170.    Complainant may withdraw complaint
   171.    Commissioner may withdraw authorisation

           Division 6 - Miscellaneous

   172.    Commissioner may extend time limits
   173.    Authentication of documents
   174.    Judicial notice of commissioner’s signature

   PART 2 - WHAT THE TRIBUNAL MAY DO

           Division 1A - Functions and powers of tribunal

   174A.   Functions of QCAT
           174B . Functions of industrial relations commission
           174C . Powers of tribunal under relevant tribunal Act

           Division 1 - The pre-hearing process

              Subdivision 1 - All complaints

   175.    Time limit on referred complaints
   176.    Constitution of tribunal—QCAT
   177.    Tribunal may join a person as a party
   178.    Complaints may be amended
   179.    (Repealed)
   180.    (Repealed)
   181.    (Repealed)
   182.    (Repealed)
   183.    (Repealed)
   184.    (Repealed)
   185.    Solicitor or counsel assisting the tribunal
   186.    Officer assisting the tribunal
   187.    (Repealed)
   188.    (Repealed)
   189.    Resolution before tribunal order
   190.    (Repealed)
   191.    Anonymity
   192.    (Repealed)
   193.    Complainant may withdraw complaint
           193A . Transfer of complaints from industrial relations commission to QCAT

              Subdivision 2 - Representative complaints

   194.    Representative complaints
   195.    Criteria for determining whether representative complaint
   196.    Amendment resulting in representative complaint
   197.    Amendment resulting in non-representative complaint
   198.    Directions about conduct of representative complaint
   199.    Representative complainant must choose
   200.    Non-representative complaint not precluded by representative complaint
   201.    (Repealed)
   202.    (Repealed)
   203.    (Repealed)

           Division 2 - The hearing process

   204.    Burden of proof—general principle
   205.    Burden of proof—indirect discrimination
   206.    Burden of proof—exemptions
   207.    Commissioner may provide investigation reports
   208.    Evaluation of evidence

           Division 3 - The post-hearing process

   209.    Orders the tribunal may make if complaint is proven
   210.    Tribunal may dismiss complaint
   211.    (Repealed)
   212.    (Repealed)
   213.    (Repealed)

           Division 3A - (Repealed)

           Division 4 - (Repealed)

   PART 3 - (Repealed)

   PART 4 - OFFENCES (NO COMPLAINT)

           Division 1 - Creation of offences to assist in enforcement

   219.    Creation of offences

           Division 2 - Improper communication offence

   220.    Improper communication of official information

           Division 3 - Offences against the commissioner and staff

   221.    False or misleading information
   222.    Obstruction
   223.    Contempt of commission
   224.    (Repealed)

           Division 4 - (Repealed)

           Division 5 - Procedure

   226.    Proceedings for offences
   226A.   Continuing prohibition on identity disclosure
   226B.   (Repealed)

   PART 5 - PROCEEDINGS INVOLVING UNINCORPORATED ASSOCIATION

   227.    Unincorporated association represented by committee member

CHAPTER 8 - OPINIONS

   228.    Commissioner may seek tribunal opinion
   228A.   Constitution of tribunal for this chapter
   229.    Tribunal has discretion
   230.    Tribunal may request further information
   231.    No complaint if compliance with opinion
   232.    Revocation of opinion
   233.    Appeal from opinion

CHAPTER 9 - ADMINISTRATION

   PART 1 - THE ANTI-DISCRIMINATION COMMISSION

   234.    The Anti-Discrimination Commission and Commissioner
   235.    Commission’s functions
   236.    Commissioner’s powers
   237.    Financial administration
   237A.   Commission is statutory body
   238.    Appointment of commissioner
   239.    Terms of appointment
   240.    Preservation of rights
   241.    Leave of absence
   242.    Resignation
   243.    Termination of appointment
   244.    Delegation of power by commissioner
   245.    Acting commissioner
   246.    Commission staff

   PART 2 - (Repealed)

   PART 3 - COMMONWEALTH/STATE ARRANGEMENT

   258.    Performance of functions
   259.    Necessary provisions
   260.    Act performed under arrangement
   261.    Alterations
   262.    Form of alterations
   263.    Arrangement to prevail

CHAPTER 10 - MISCELLANEOUS

   PART 1 - SERVICE

   263A.   Definitions for pt 1
   263B.   Operation of pt 1
   263C.   General requirement for address for service
   263D.   (Repealed)
   263E.   Change of address for service
   263F.   Use of address for service
   263G.   Communication effected by giving of document
   263H.   No address for service advised
   263I.   Email or fax address

   PART 2 - OTHER MATTERS

   264.    No communication of official information to court
   265.    Protection from civil actions—exercise of functions etc.
   266.    Protection from civil actions—complaint etc.
   266A.   (Repealed)
   267.    Regulation-making power

CHAPTER 11 - TRANSITIONAL PROVISIONS

   PART 1 - TRANSITIONAL PROVISION FOR ACT NO. 29 OF 1994

   268.    Transitional provisions about compulsory age retirement

   PART 2 - TRANSITIONAL PROVISIONS FOR DISCRIMINATION LAW AMENDMENT ACT 2002

   269.    Application of amendments made by Discrimination Law Amendment Act 2002
   270.    Operation of service provisions for complaints received before commencement

   PART 3 - TRANSITIONAL PROVISION FOR YOUTH JUSTICE (BOOT CAMP ORDERS) AND OTHER LEGISLATION AMENDMENT ACT 2012

   271.    Application of ch 2, pt 5

   PART 4 - TRANSITIONAL PROVISIONS FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2013

   272.    Definitions for pt 4
   273.    Application of amended ss 140 and 154A to a complaint made before commencement
   274.    Complainant can not make further complaint if complaint lapsed under former s 168 or 170
   275.    Application of s 168A to complaint accepted before commencement

   PART 5 - TRANSITIONAL PROVISION FOR INDUSTRIAL RELATIONS ACT 2016

   276.    Application of amendments relating to functions of industrial relations commission
           Schedule - Dictionary


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