Discrimination

Any discrimination is unlawful, whether based on disability, age, gender, race or an attitude about family responsibility or pregnancy.

The definition of disability in anti-discrimination legislation is broad and not limited to obvious physical or sensory impairments, for example quadriplegia, deafness or blindness. Impairments that are not obvious unless disclosed, such as dyslexia or mental health difficulties, are also covered.

It is also unlawful to discriminate against someone due to their personal connection with someone with disability (e.g. a parent cannot be refused a job because the employer assumes he or she will need to take time off to look after a child with disability).

Making a complaint

There are both state and Commonwealth laws that deal with discrimination. We have provided a brief overview of each to help you decide who to contact if you need to make a complaint. All complaints must be made in writing to the relevant commission—you cannot lodge a complaint with both commissions.

State laws

Unfair treatment of a person with disability or impairment by an organisation based in Queensland (e.g. a local convenience store, state government department or agency) is covered by the Anti-discrimination Act 1991.

Anti-Discrimination Commission Queensland investigates complaints that relate to this Act. A conciliator, who works for the commission, helps to resolve complaints through conciliation. If resolution of the issue is not achieved through conciliation, the matter is referred to the Queensland Civil and Administrative Tribunal for a public hearing. The tribunal will then make a determination that is binding on all parties.

Contact the Anti-Discrimination Commission Queensland on 1300 130 670 or TTY 1300 130 680 for more information.

Commonwealth laws

The Disability Discrimination Act 1992 relates to discrimination against a person with disability or impairment that occurs within any Australian organisation or government department, whether at a local, state or federal level. In this way, the Commonwealth Act is more all-encompassing than the Queensland Act.

The Australian Human Rights Commission (AHRC) deals with any complaints that fall under this Act and manages a conciliation process to try to resolve any complaints. The AHRC does not have the option of referring any unresolved matters to a tribunal for determination and so must dismiss these matters. The only recourse once this happens is for the individual to take the matter to a federal court.

Contact Australian Human Rights Commission on 1300 656 419 for more information.