Discrimination rights

The Anti-Discrimination Act 1991 (the Act) makes unfair discrimination, sexual harassment, vilification and victimisation unlawful in Queensland.

The Act outlines the characteristics that are protected from discrimination, the areas in which discrimination is unlawful—for example, at work or school—and other behaviours made unlawful by the Act, including sexual harassment and vilification.

Not all treatment that seems unfair is unlawful discrimination under the Act. For conduct to be unlawful discrimination under the Act it must:

• be based on an attribute listed in the Act
• take place in an area of activity listed in the Act,
• be either direct or indirect discrimination, and
• not be subject to an exemption.

What is unlawful discrimination

The Act  prohibits discrimination on the basis of the following attributes:

• age
• breastfeeding
• family responsibilities
• gender identity
• impairment
• parental status
• political belief or activity
• pregnancy
• race
• relationship status
• religious belief or religious activity
• sex
• sex characteristics (from 29 April 2024)
• sex work activity (from 2 August 2024) or lawful sexual activity (prior to 2 August 2024)
• sexuality
• trade union activity
• association with, or relation to, a person identified on the basis of any of these attributes.

The Act also prohibits:

• sexual harassment
• victimisation
• vilification
• discrimination in large resource projects
• other contraventions.

When and where is discrimination unlawful

The Act defines certain areas where discrimination on any of the attributes above is unlawful. These are:

• work (including applying for a job, or doing work experience)
• education
• the provision of goods and services
• accommodation
• disposition of land
• club memberships and affairs
• superannuation or insurance
• administration of state laws and programs
• local government, between members.

Exemptions to discrimination

Under the Act, exemptions are exceptions to discrimination that are specific to an area of activity, and some general areas.

Find out more about exemptions.

Making a discrimination complaint

First, try talking to the person involved if you feel comfortable doing so. Sometimes people just need reminding about their behaviour or to be told when they've stepped over the line.

If the behaviour happens at work, speak to your manager, a union representative or someone you trust. Also, find out whether your employer deals with complaints and, if so, how you can lodge one.

You can also contact the:

• Queensland Human Rights Commission—for complaints of discrimination, sexual harassment, vilification, victimisation and other contraventions of the Act
• Australian Human Rights Commission—for complaints of discrimination, harassment and bullying based on a person’s sex, disability, race or age.

These commissions will tell you whether your matter is appropriate for them to deal with.

Discrimination laws come under both state laws and federal laws, so you can call the Queensland Human Rights Commission on 1300 130 670 to make an enquiry or get legal advice to determine your best options.

Complaints about discrimination must be made within 12 months of the incident.

Resolving your complaint

The process for resolving discrimination, sexual harassment, vilification and victimisation matters focuses on conciliation. At a conciliation conference an independent conciliator will help you—and those you are complaining about—discuss your concerns and try to reach an agreement to resolve the complaint.

If the matter is not resolved through conciliation, under Queensland law it can be referred for a formal hearing to the:

• Queensland Industrial Relations Commission (QIRC)—for work-related complaints
• Queensland Civil and Administrative Tribunal (QCAT)—for all other complaints.

These bodies can make a legally binding decision on the matter.

If QIRC or QCAT find that you’ve suffered discrimination, sexual harassment, vilification and victimisation you may receive financial compensation.

More information

• Get to know the discrimination law in Queensland.
• Find out what do if you experience workplace bullying.
• Learn more about human rights complaints.
• Learn about your rights at work.
• Learn about the expungement of historical homosexual convictions.
• Learn about sex work industry decriminalisation.