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.
Browse exemption decision summaries
These tables provide summaries of decisions on applications for exemption from the operation of the Anti-Discrimination Act 1991.
- Exemption decisions 2025 to date
- Exemption decisions 2017 to 2024 (this page)
- Exemption decisions 2010 to 2016
2024 decisions
| Citation | Re: Ascent Pty Ltd [2024] QIRC 234 (23 September 2024) |
| 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. |
| Outcome | Granted – 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 23 September 2024. |
| Citation | Re: North Queensland Land Council Native Title Representative Body Aboriginal Corporation [2024] QIRC 221 (6 September 2024) |
| Exemption sought | To recruit only Indigenous Australians for the role of First Nations Engagement Officer in a Native Title Representative Body assisting members and traditional owners in pursuing native title claims. |
| Outcome | Granted– 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(g) (race). The exemption applies only in respect of actions or omissions in relation to the advertising, recruitment, selection, appointment, and employment of a First Nations Engagement Officer. The exemption applies for a period of five years from 9 September 2024. |
| Citation | Re: Sera's Women's Shelter Incorporated [2024] QIRC 199 (13 August 2024) |
| Exemption sought | To recruit and hire only women (by excluding males and people who present as male) in an organisation that provides safe shelter and assistance to women and children affected by domestic violence. |
| Outcome | Refused – The application of the proposed exemption on the basis of gender identity is too broad for the purpose of the applicant. Additionally, an exemption is not necessary as the exemptions that allow a genuine occupational requirement to be imposed (s 25), an act to benefit a group with a protected attribute (s 104), and an act reasonably necessary to protect the health and safety of people in a workplace (s 108), would apply. |
| Citation | Re: Team Blake Pty Ltd [2024] QIRC 163 (3 July 2024) |
| Exemption sought | To engage only male support workers for an adult with severe to profound intellectual disability and is non-verbal, as they do not respond well to females. |
| Outcome | Granted – 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 in relation to the advertising, recruitment, selection and employment of a support worker for the person. The exemption applies for a period of five years from 3 July 2024. |
| Citation | Re: Jet Aviation Australia Pty Ltd & Jet Aviation Australia (Qld) Pty Ltd[2024] QIRC 133 (27 May 2024) |
| 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. |
| Outcome | Granted – 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 from 27 May 2024 to 27 January 2029. |
| Citation | Re Rights in Action Inc [2024] QIRC 132 (27 May 2024) |
| Exemption sought | To advertise and employ only a young person, aged 18 to 25, who has a diagnosed permanent disability or chronic, episodic mental illness, for a pilot Youth Co-Facilitator in the Rural Young Leaders Program (RYLP). |
| Outcome | Granted – exempt from the operation of sections 14, 15, 124, and 127 of the Anti-Discrimination Act 1991 in relation to the attributes sections 7(f) (age) and 7(h) (impairment). The exemption applies only in respect of actions or omissions in relation to the advertising, recruitment, selection, appointment and employment of or to the co-facilitator position for the RYLP pilot based in Cairns. The exemption applies for five years from 27 May 2024. |
| Citation | Re Turnaround Management Association Australia Limited [2024] QCAT 153 (9 April 2024) |
| Exemption sought | To encourage greater participation by women in the restructuring and turnaround industry by providing a networking program and sponsorship (the NOW program and sponsorship), as well as a scholarship and awareness program, for women only. |
| Outcome | Granted – exempt from the application of sections 7, 46, and 127 in connection with advertising, offering and implementing the NOW program, and the advertising, offering and implementation and facilitation of training and scholarships funded by Houlihan Lokey. The exemption applies for five years from 9 April 2024. |
| Citation | Re: Rohde & Schwarz (Australia) Pty Ltd [2024] QIRC 16 (31 January 2024) |
| Exemption sought | To make recruitment decisions based on race for certain positions, in order to comply with United States regulations on the use and disclosure of controlled information. |
| Outcome | Granted – 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 from 31 January 2024 to 31 January 2029. |
| Citation | Re: Brisbane Housing Company Ltd (No 3) [2024] QCAT 7 (9 January 2024) |
| Exemption sought | To provide affordable housing to vulnerable tenants and restrict accommodation in residential complex to singles in a studio or couples in a one-bedroom apartment – 4 Bonney Lane, Fortitude Valley |
| Outcome | Granted – exempt, for a period of five years from 15 March 2023, from the operation of sections 81, 82, 83, 124 and 127 in respect of premises located at 4 Bonney Lane, Fortitude Valley, in relation to: a) attributes referred to in section 7 being relationship status (s7(b)), pregnancy (s7(c)), parental status (s7(d)), family responsibilities (s7(o)), and association with, or relation to, a person identified on the basis of any of the attributes in section (s7(p)); and (b) attributes referred to in section 7 being age (s7(f)) and impairment (s7(h)) insofar as the effect of one or both of those attributes is that a person is not able to live alone. |
| Citation | Re: Brisbane Housing Company Ltd (No 2) [2024] QCAT 6 (9 January 2024) |
| Exemption sought | To provide affordable housing to low-income people and restrict accommodation in residential shared accommodation complex to singles – 47 Warry Street, Fortitude Valley |
| Outcome | Granted – exempt, for a period of five years from 15 March 2023, from the operation of sections 81, 82, 83, 124 and 127 in respect of premises located at 47 Warry Street, Fortitude Valley, relation to: (a) attributes referred to in section 7 being relationship status (s7(b)), pregnancy (s7(c)), parental status (s7(d)), family responsibilities (s7(o)), and association with, or relation to, a person identified on the basis of any of the attributes in section (s7(p)); and (b) attributes referred to in section 7 being age (s7(f)) and impairment (s7(h)) insofar as the effect of one or both of those attributes is that a person is not able to live alone. |
| Citation | Re: Brisbane Housing Company Ltd (No 1) [2024] QCAT 5 (9 January 2024) |
| Exemption sought | To provide affordable housing to low-income people and restrict accommodation in residential shared accommodation complex to singles – 5 Greensquare Close, Fortitude Valley |
| Outcome | Granted – exempt, for a period of five years from 15 March 2023, from the operation of sections 81, 82, 83, 124 and 127 in respect of premises located at 5 Greensquare Close, Fortitude Valley, relation to:a) attributes referred to in section 7 being relationship status (s7(b)), pregnancy
(s7(c)), parental status (s7(d)), family responsibilities (s7(o)), association with, or relation to, a person identified on the basis of any of the attributes in section (s7(p)); and (b) attributes referred to in section 7 being age (s7(f)) and impairment (s7(h)) insofar as the effect of one or both of those attributes is that a person is not able to live alone. |
2023 decisions
| Citation | Re: Community Solutions Group Ltd [2023] QIRC 333 (22 November 2023) |
| Exemption sought | To recruit women to fill approximately 20 placements as full-time trainees to undertake Certificate III in Civil Construction to work in the Civil Construction Industry |
| Outcome | Granted – exempt from the operation of sections 14, 15, 15A, 124, and 127 of the Anti-Discrimination Act 1991 in relation to the attribute s7(a) (sex). The exemption applies only in respect of actions or omissions which are reasonably necessary in relation to the advertising, recruitment and employment practices. The exemption applies from 31 January 2024 to 31 January 2029. |
| Citation | Re: Children by Choice Association Incorporated [2023] QIRC 293 (10 October 2023) |
| Exemption sought | To recruit only female candidates for all positions within the applicant organisation |
| Outcome | Granted - exempt from the operation of ss 14, 15, 15A, 124 and 127 of the
Anti-Discrimination Act 1991
in relation to the attribute of sex. The exemption applies only in respect of actions or omissions which are reasonably necessary in relation to advertising, recruitment and employment practices for Children by Choice Association Incorporated. The exemption applies for five years from 10 October 2023. |
| Citation | Re: Etheridge Shire Council [2023] QCAT 263 (7 July 2023) |
| Exemption sought | To operate an independent living facility for people over the age of 65. |
| Outcome | Granted – exempt from the operation of sections 46, 77, 82, 83, and 84 of the Anti-Discrimination Act 1991 in relation to the attribute of age, for the purpose of establishing and operating an Independent Living Facility for people over the age of 65. The exemption applies for five years from 7 July 2023. |
| Citation | Surtie Enterprises Pty Ltd T/A Greenbank Gardens Manufactured Home Park[2023] QCAT 228 (26 June 2023) |
| Exemption sought | To restrict accommodation and ownership of homes in a manufactured home park known as Greenbank Gardens, to people aged over 50 years. |
| Outcome | Refused – The purpose of ensuring that the facilities remain affordable and that their market value is restricted or limited because of the limited market to which they can be sold are not limitations that are reasonable and demonstrably justified. The Human Rights Act 2019 has considerable significance in considering whether to grant an exemption – Rights to equality and to equal protection of the law without and against discrimination limited – Property rights limited – limitations not proportionate and legitimate. |
2022 decisions
| Citation | Re: Rheinmetall Defence Australia Pty Ltd [2022] QIRC 440 (14 November 2022) |
| Exemption sought | To make recruitment decisions based on race for certain positions, in order to comply with United States regulations on the use and disclosure of controlled information. |
| Outcome | Granted – exempt from the operation of sections 14, 15, 15A, and 124 of the
Anti-Discrimination Act 1991
in relation to the attribute of race, for specified activities and on various conditions. The activities and The exemption applies from 14 November 2021 to 14 November 2026. |
| Citation | Re: Cobham Aviation Services Australia Pty Ltd & Ors [2022] QIRC 326 (19 August 2022) |
| Exemption sought | To make recruitment decisions based on race for certain positions, in order to comply with United States regulations on the use and disclosure of controlled information. |
| Outcome | Granted– 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 the period of five years from 19 August 2022. |
| Citation | Re: Burleigh Town Village Pty Ltd (3)[2022] QCAT 285 (27 July 2022) |
| Exemption sought | To restrict accommodation and ownership of homes in a manufactured home park known as Burleigh Town Village, to people aged over 50 years. |
| Outcome | Refused – The purpose of providing affordable housing to older people can be achieved by legitimate means without an exemption – Stereotypes about younger people and people in an age group being like-minded are not proper basis for granting an exemption. The Human Rights Act 2019has considerable significance in considering whether to grant an exemption – Rights to equality and to equal protection of the law without and against discrimination limited – Property rights limited – limitations not reasonable and demonstrably justified. |
| Citation | Re: Seachange Retirement Village Management Pty Ltd [2022] QCAT 246 (5 July 2022) |
| Exemption sought | To restrict accommodation, goods and services provided, and the disposition of land, in a community title complex at Redcliffe known as Seachange Retirement Village, to people aged over 50 years. |
| Outcome | Refused – The complex remained registered as a retirement village under the Retirement Villages Act 1999, which contains an exemption to allow discrimination on the basis of age by limiting residence to older members of the community and retired persons – Not appropriate
for the tribunal to make a decision on hypothetical circumstances. Application made by scheme operator – if the complex is de-registered as a retirement village the scheme operator will de-register as a company – No utility in granting an exemption to an entity that intends to cease to exist. The provisions of the Body Corporate and Community Management Act 1997 may present an obstacle to imposing an age restriction on the sale of lots. |
| Citation | Re: Mackay Regional Council [2022] QIRC 64 (4 March 2022) |
| Exemption sought | To recruit Aboriginal or Torres Strait Islander candidates to an identified traineeship position |
| Outcome | Granted – exempt from the operation of sections 14, 15, 15A, and 127 of the Anti-Discrimination Act 1991 in relation to the attribute in section 7(g) (race), in relation to advertising and recruiting an apprentice/trainee position. The exemption applies for a period of three years from 4 March 2022. |
| Citation | Re: Protech Personnel Pty Ltd [2022] QIRC 29 (7 February 2022) |
| Exemption sought | To recruit female candidates to positions in the construction industry. |
| Outcome | Granted – Renewed the exemption granted to the applicant on 21 November 2019 for a further period of three years from 7 February 2022. |
| Citation | Re: Terrace-Haven Pty Ltd [2022] QCAT 23 (14 January 2022) |
| Exemption sought | To restrict accommodation, goods and services provided, and the disposition of land, in a community title complex at Redcliffe known as Peninsula Terraces & Peninsula Haven Retirement Complex. |
| Outcome | Granted – exempt from the operation of sections 45, 46, 76, 77, 81, 82, and 83 of the Anti-Discrimination Act 1991 so that only individuals over the age of 50 may purchase, reside in, or rent a unit in the Terrace-Haven complex, and that an age restriction may be placed on the provision of goods and services at the complex. The exemption applies from 14 January 2022 to 14 January 2027. |
2021 decisions
| Citation | Re: Sunshine Coast Regional Council (No 2) [2021] QCAT 439 (22 December 2021) |
| Exemption sought | To allow the Council to restrict the grant of permits for the commercial activity of Indigenous tourism on Council controlled land, solely to Aboriginal and Torres Strait Islander people. |
| Outcome | Refused – exemption not necessary because the general exemption for welfare measures (section 104) applies, and it is not a limitation of the human right to equal treatment under section 15 of the Human Rights Act 2019. |
| Citation | Re: Miami Recreational Facilities Pty Ltd [2021] QCAT 378 (3 November 2021) |
| Exemption sought | To restrict accommodation and services in a residential complex at Miami to people aged over 50 years. |
| Outcome | Granted – 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. - exempt from the operation of section 127 of the Anti-Discrimination Act 1991 insofar as any advertisement indicates that a person intends to act in a way covered by paragraph 1 of the order. The exemption shall apply from 27 July 2020 to 26 July 2025. |
| Citation | Re: Leidos Australia Pty Ltd [2021] QIRC 229 (28 June 2021) |
| Exemption sought | To make recruitment decisions based on race for certain positions, in order to comply with United States regulations on the use and disclosure of controlled information |
| Outcome | Granted – exempt from the operation of sections 14, 15, 15A, 124, and 127 of the Anti-Discrimination Act 1991. The exemption applies for the period from 28 June 2021 to 27 June 2026. |
| Citation | Re: Fernwood Women’s Health Clubs (Australia) Pty Ltd [2021] QCAT 164 (14 April 2021) |
| Exemption sought | To open, promote, and operate health clubs run exclusively by and for women. |
| Outcome | Granted – exempt from the operation of sections 14, 15, 46, 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 the opening, promotion and operation of health and fitness clubs by Fernwood Women's Health Clubs (Australia) Pty Ltd in Queensland. The exemption applies for a period of five years from 14 April 2021 to 14 April 2026. |
| Citation | Re: River Glen Haven Over 50s Village [2021] QCAT 26 (19 January 2021) |
| Exemption sought | To allow advertising describing accommodation as a place for people over the age of 50 years. |
| Outcome | Refused – there is no exemption or application for exemption to allow the applicant to restrict accommodation to people over the age of 50 years. Paucity of information and submission to consider such an application. |
2020 decisions
Citation | Re: Ipswich City Council [2020] QIRC 194 (17 November 2020) |
| Exemption sought | To recruit female only waste truck drivers to be trained to obtain a Heavy Rigid licence while employed as trainee drivers. |
| Outcome | Granted – exempt from the operation of sections 14, 15, 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 in relation to the advertising and recruitment of waste truck drivers to be employed by the Ipswich City Council for a training program to obtain a Heavy Rigid Licence. The exemption applies for a period of three years from the date of the orders. |
2019 decisions
| Citation | Re: Protech Personnel Pty Ltd [2019] QIRC 175 (21 November 2019) |
| Exemption sought | To undertake targeted recruitment for women to complete a Certificate II in Resources and Work Infrastructure to work in the construction industry |
| Outcome | Granted – 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 which are reasonably necessary in relation to the advertising, recruitment, and employment practices. The exemption applies for a period of two years from the date of the decision |
| Citation | Re: Kalwun Development Corporation Limited [2019] QIRC 141 (20 September 2019) |
| Exemption sought | To advertise for and recruit specifically female or male Young Wellbeing Workers. |
| Outcome | Granted – 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 for a period of five years from the date of the decision. |
| Citation | Re The Women's Legal Service Inc[ 2019] QIRC 060 (9 May 2019) |
| Exemption sought | To recruit and employ only women who identify as women to work in a legal service that provides free legal and social work assistance to vulnerable women. |
| Outcome | Granted – 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) and 7(m) (gender identity).
The exemption applies only in respect of actions or omissions which are reasonably necessary in relation to the advertising, recruitment, and employment practices for The Women’s Legal Service Inc. The exemption applies for a period of five years from 1 July 2019 to 30 June 2024. |
| Citation | Re: Sundale Limited [2019] QCAT 83 (6 March 2019) |
| Exemption sought | Restrict access to an online service for people looking to share housing for women aged 55 years and over. |
| Outcome | Granted – When providing services offered by the Better Together Housing project, the applicant and others involved are exempt from the operation of section 46 as it applies to discrimination on the basis of age or sex. The exemption applies from the date of the order for the period of the project or five years, whichever is the shorter. |
2018 decisions
| Citation | Re: Children by Choice Association Inc. [2018] QIRC 153 (21 December 2018) |
| Exemption sought | Advertise for and recruit females into positions including counsellors, manager, campaign coordinator, and education and training coordinator. |
| Outcome | Granted — exempt from the operation of sections 14, 15, 15A, 124, and 127 of the Anti-Discrimination Act 1991in relation to the attribute in section 7(a) (sex). The exemption applies from the date of the application, 2 November 2018, for a period of five years. |
| Citation | Re: YFS Ltd [2018] QIRC 083 (29 June 2018) |
| Exemption sought | Advertise for and recruit specifically male or female caseworkers for its domestic violence team. |
| Outcome | Granted — exempt from the operation of sections 14, 15, 124, and 127 of the Anti-Discrimination Act 1991 in relation to the attribute in section 7(a) (sex).
The exemption applies from the date of the application, 24 May 2018, for a period of five years. |
| Citation | Re: State of Queensland (Department of Justice and Attorney-General, Queensland Corrective Services) [2018] QIRC 072 (15 June 2018) |
| Exemption sought | Recruit female correctional officers, correctional supervisors, and trade instructors at Townsville Women’s Correctional Centre and its subsidiary units. |
| Outcome | Granted — exempt from the operation of sections 14, 15, 101, and 127 in relation to the attribute in section 7(a) (sex). The exemption applies only in respect of actions or omissions which are reasonably necessary in relation to the advertising, recruitment, and employment practices for female correctional officers, female correctional supervisors, and female trade instructors at Townsville Women’s Correctional Centre. The exemption shall apply to the applicant from the date of this order and continue for a period of five years. |
| Citation | Re: Anglo Coal (Moranbah North Management) Pty Ltd Anor [2018] QIRC 052 (1 May 2018) |
| Exemption sought | Female only intake in underground metallurgical coal mine. |
| Outcome | Granted — exempt from the application of sections 14, 15, 15A 124 and 127 in relation to the attribute in section 7(a) (sex) — period from 1 May 2018 to 28 January 2020. |
| Citation | Re: Brisbane Housing Company Ltd (Greensquare Close) [2018] QCAT 081 (14 March 2018) |
| Exemption sought | To restrict accommodation in residential unit complex to singles — 5 Greensquare Close, Fortitude Valley |
| Outcome | Granted — exempt, for a period of five years from the date of this Order, from the operation of sections 81, 82, 83, 124 and 127 in respect of premises located at 5 Greensquare Close, Fortitude Valley, in relation to: (a) attributes referred to in sections 7(a) sex, 7(b) relationship status, 7(c) pregnancy, 7(d) parental status, (o) family responsibilities, & (p) association with, or relation to, a person identified on the basis of any of the attributes in section 7; (b) attributes referred to in sections 7(f) age, and 7(h) impairment, insofar as person not able to live alone. |
| Citation | Re: Brisbane Housing Company Ltd (Warry Street) [2018] QCAT 073 (14 March 2018) |
| Exemption sought | To restrict accommodation in residential unit complex to singles — 47 Warry Street, Fortitude Valley |
| Outcome | Granted — exempt, for a period of five years from the date of this Order, from the operation of sections 81, 82, 83, 124 and 127 in respect of premises located at 47 Warry Street, Fortitude Valley, in relation to: (a) attributes referred to in sections 7(a) sex, 7(b) relationship status, 7(c) pregnancy, 7(d) parental status, 7(o) family responsibilities, & 7(p) association with, or relation to, a person identified on the basis of any of the attributes in section 7; (b) attributes referred to in sections 7(f) age, and 7(h) impairment, insofar as person not able to live alone. |
| Citation | Re: Brisbane Housing Company Ltd (Bonney Lane) [2018] QCAT 072 (14 March 2018) |
| Exemption sought | To restrict accommodation in residential unit complex to singles — 4 Bonney Lane, Fortitude Valley |
| Outcome | Granted — exempt, for a period of five years from the date of this Order, from the operation of sections 81, 82, 83, 124 and 127 in respect of premises located at 4 Bonney Lane, Fortitude Valley, in relation to: (a) attributes referred to in sections 7(a) sex, 7(b) relationship status, 7(c) pregnancy, 7(d) parental status, 7(o) family responsibilities, & 7(p) association with, or relation to, a person identified on the basis of any of the attributes in section 7; (b) attributes referred to in sections 7(f) age, and 7(h) impairment, insofar as person not able to live alone. |
2017 decisions
| Citation | Surtie Enterprises Pty Ltd ATF The Surtie Enterprises Unit Trust[2017] QCAT 323 (19 September 2017) |
| Exemption sought | To restrict accommodation and services in a manufactured home park at Park Ridge to people aged 50 years and over. |
| Outcome | Granted — exempt from the application of sections 7(f), 45, 46, 76, 77 and 81, 82 and 83 of the Anti-Discrimination Act 199 (Qld) for the period of five (5) years in respect of its activities in relation to the property known as Greenbank Gardens Village situated at 3651 Mount Lindsay Highway, Park Ridge in the State of Queensland. |
| Citation | Re: CISC Pty Ltd t/as The Construction Training Centre[2017] QCAT 301 (1 September 2017) |
| Exemption sought | To pay an extra 1% superannuation for the company's female employees. |
| Outcome | Refused 1. It is declared that: a. The proposal by CISC Pty Ltd t/as The Construction Training Centre to pay an additional 1% in superannuation contributions for its female employees would if not rendered lawful by a statutory provision, be direct discrimination in the superannuation area of the Anti-Discrimination Act 1991( Qld). b. The proposal is rendered lawful by the operation of section 59 of the Anti-Discrimination Act 1991(Qld) because the proposal is permitted under the Sex Discrimination Act 1984 (Cwlth). 2. Therefore an exemption from the operation of the Anti-Discrimination Act 1991(Qld) is not required and the application is dismissed. |
| Citation | Re: Miami Recreational Facilities Pty Ltd[2017] QCAT 253 (26 July 2017) |
| Exemption sought | To restrict accommodation and services in a residential complex at Miami to people aged over the age of 50 years. |
| Outcome | Granted — exempt from the operation of sections 45, 46, 76, 77, 81, 82 and 83 of the Anti-Discrimination Act 1991 in relation to the attribute in section 7(f) (age) in respect of occupation of units at the property known as Miami Village Residential Complex — from 27 July 2017 to 26 July 2020. |
| Citation | Re: Burleigh Town Village Pty Ltd [2017] QCAT 161 (22 May 2017) |
| Exemption sought | To restrict accommodation and services in a manufactured home park at West Burleigh to people aged 50 years and over. |
| Outcome | Granted — exempt from the operation of sections 45, 46, 76, 77, 82 and 83 in relation to the attribute of age referred to in section 7(f), in respect of activities in relation to the manufactured home park known as Burleigh Town Village, Township Drive, West Burleigh – 20 July 2016 to 19 July 2021. |
| Citation | Re: Gold Coast 2018 Commonwealth Games Corporation [2017] QIRC 038 (5 May 2017) |
| Exemption sought | To provide more opportunities for Aboriginal and Torres Strait Islander people to volunteer in the 2018 Commonwealth Games |
| Outcome | Granted — exempt from the operation of sections 14,15, 124 and 127 in relation to the attribute in section 7(g) (race), in respect of actions or omissions which are reasonably necessary for the applicant to advertise for, recruit for, and employ, volunteers for the Gold Coast 2018 Commonwealth Games – 23 March 2017 to 30 June 2018. |
| Citation | Re: Mission Australia[2017] QCAT 24 (27 January 2017) |
| Exemption sought | To recruit specifically female or male case workers for homeless program in Cairns, where clientele is 95% Indigenous. |
| Outcome | Granted — exempt from operation of sections 14, 15, and 127 in relation to attribute in section 7(a) (sex) relating to Mission Australia advertising for, and the employment of case workers for its Douglas House Homeless Program in Cairns. The exemption applies only to acts or omissions reasonably necessary to ensure employment of sufficient male or female case workers to address the objective of providing the program – granted for 3 years. |