Queensland Consolidated Acts

ANTI-DISCRIMINATION ACT 1991 - SECT 113AA

113AA Transfer of application from industrial relations commission to QCAT

(1) This section applies if—

(a) an application is made under section 113 to the industrial relations commission; and

(b) the commission considers the exemption sought relates or includes a matter other than a work-related matter.

Note—

For an application made to QCAT, see the QCAT Act , section 52 in relation to the power to transfer the application.

(2) The commission may, by order, transfer the application to QCAT.

(3) If the commission makes an order under subsection (2) —

(a) an application for the exemption is taken to have been made to QCAT when the application mentioned in subsection (1) was referred to the commission; and

(b) the commission may make the orders, or give the directions, it considers appropriate to facilitate the transfer, including an order that a party is taken to have complied with the requirements under this Act, the QCAT Act or another law for referring the application to QCAT; and

(c) QCAT may deal with the application as if the exemption sought did not relate to a work-related matter.

(4) An order under subsection (3) (b) has effect despite any other Act or law.

(5) The commission may act under subsection (2) or (3) (b) on its own initiative or on application by the applicant.

(6) If the commission does not make an order under subsection (2) , the commission may deal with the application as if the exemption sought did not relate to a matter that is not a work-related matter.