Queensland Consolidated Acts

ANTI-DISCRIMINATION ACT 1991 - SECT 131C

131C Prohibition on discrimination against persons in nearby regional communities in relation to work on large resource projects

(1) This section applies to the owner, or the principal contractor, of a large resource project that has a nearby regional community.

(2) The owner or principal contractor must not—

(a) discriminate against a resident of the nearby regional community when recruiting workers for the project; or

(b) discriminate against a worker by terminating the worker’s employment because the worker is, or becomes, a resident of the nearby regional community and chooses to travel to the project other than as a fly-in fly-out worker.

(3) The owner is taken to contravene subsection (2) whether it is the owner, a related body corporate of the owner, or an agent of the owner or related body corporate, that discriminates against a resident or worker.

(4) The principal contractor is taken to contravene subsection (2) whether it is the principal contractor, a related body corporate of the principal contractor, or an agent of the principal contractor or related body corporate, that discriminates against a resident or worker.

(5) For subsections (2) (a) , (3) and (4) , a person is taken to discriminate against a resident of the nearby regional community if—

(a) the person is recruiting workers for the project; and

(b) the resident is not offered work on the project, or is disadvantaged in the recruitment process for the project, because of being a resident of the nearby regional community.

(6) If the principal contractor contravenes this section, both the owner and principal contractor are jointly and severally civilly liable for the contravention, and a proceeding under the Act may be taken against either or both of them.