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      Exemption application decisions

      This table provides summaries of decisions on applications for exemption from the operation of specified provisions of the Anti-Discrimination Act 1991.

      About exemption decisions

      Exemptions allow organisations or individuals to lawfully undertake actions that might otherwise be unlawful under Queensland anti-discrimination laws. The decisions summarised here are made by the Queensland Civil and Administrative Tribunal (QCAT) and Queensland Industrial Relations Commission (QIRC). Full published decisions are available on the AustLII website and the Supreme Court of Queensland Library website.

      Find out more about applying for an exemption.

      Browse exemption decision summaries

      These tables provide summaries of decisions on applications for exemption from the operation of the Anti-Discrimination Act 1991.

      2026 decisions

      Citation

      Re: ARC Disability Ltd [2026] QIRC 134 (20 April 2026)

      Exemption sought To recruit a manager with lived experience of disability in an organisation that provides supports to children, young, people, and adults with disability.
      OutcomeRefused – lack of impairment is not a protected attribute – exemption not necessary.
      Citation Re: Kalwun Development Corporation Limited [2026] QIRC 89 (26 March 2026)
      Exemption sought To recruit workers based on sex and gender identity for the delivery of programs and services to vulnerable Aboriginal and Torres Strait Islander children, young people, and their families, to ensure culturally appropriate practices relating to men’s business and women’s business.
      OutcomeGranted – exempt from the operation of sections 14, 15, 15A, 124, and 127 of the Anti-Discrimination Act 1991 in relation to the attribute in section 7(a) (sex).
      The exemption applies only in respect of actions or omissions that are reasonably necessary in relation to the advertising, recruitment, and employment practices for workers in teams specified in the order.
      The exemption applies for five years from 26 March 2026.

      Refused - An exemption in relation to the attribute of gender identity was not necessary as the applicant indicated a non-discriminatory approach of treating trans people in accordance with the sex with which they identify.
      Citation Miami Recreational Facilities Pty Ltd [2026] QCAT 99 (27 February 2026)
      Exemption sought To restrict accommodation, goods and services, and the disposition of land, in a community title complex known as Miami Retirement Village, to people age over 50 years
      OutcomeGranted – exempt from the operation of sections 45, 46, 76, 77, 81, 82, and 83 of the Anti-Discrimination Act 1991 insofar as those sections apply to any act or omission at or in respect of the Miami Retirement Village Residential Complex which is discrimination on the basis of age.

      The exemption applies from 27 July 2025 to 26 July 2030.
      Citation Re: Proximity Advisory Services Pty Ltd and Systems Planning and Analysis, Australia Pty Ltd [2026] QIRC 48 (24 February 2026)
      Exemption sought To make recruitment and employment decisions based on race to comply with the laws of the United States that govern access to certain defence-related technology and data, for the purpose of performing contracted works for the Commonwealth of Australia
      OutcomeGranted – exempt from the operation of sections 14, 15, 15A, 124, and 127 of the Anti-Discrimination Act 1991 in relation to the attribute of race, for specified activities and on various conditions. The activities and conditions are set out in a schedule to the decision.

      The exemption applies for a period of five years from 25 February 2026.
      CitationWomen Vision Together Inc [2026] QCAT 17 (5 January 2026)
      Exemption sought To restrict eligibility for election to the applicant’s management committee so that at least 80% of committee positions are held by women.
      OutcomeRefused – An exemption was not necessary. The applicant is a not-for-profit incorporated association. It is not a club within the meaning of the Anti-Discrimination Act 1991 and the prohibitions on discrimination in clubs do not apply.

      Managing the affairs of an association is not work within the meaning of the Anti-Discrimination Act 1991. The discrimination in favour of women in the context is lawful.

      2025 decisions

      CitationRe: Community Enterprise Re: Community Enterprise Queensland [2025] QCAT 325 (22 August 2025)
      Exemption sought To restrict the sale of no and low alcohol beverage products to persons aged 18 years and over.
      OutcomeGranted – exempt from the operation of sections 46, 124, and 127 of the Anti-Discrimination Act 1991 for a period of five years in connection with:

      a. The restriction of the sale of no and low alcohol beverage products to only persons over the age of 18 years in all current and future stores operated by Community Enterprise Queensland;
      b. The placing of signage near no and low alcohol beverage products advising of the restriction; and
      c. The request for photo identification from potential customers seeking to purchase no and low alcohol beverage products where there is any doubt that the potential customer is over 18 years of age.
      CitationRe: Saab Australia Pty Ltd [2025] QIRC 021 (24 January 2025)
      Exemption sought To make recruitment and employment decisions based on race to comply with the laws of the United States that govern access to certain defence-related technology and data, for the purpose of performing contracted works for the Commonwealth of Australia.
      OutcomeGranted – exempt from the operation of sections 14, 15, 15A, 124, and 127 of the Anti-Discrimination Act 1991 in relation to the attribute of race, for specified activities and on various conditions.

      The activities and conditions are set out in a schedule to the decision. The exemption applies for a period of five years from 24 January 2025.

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