Two independent Queensland tribunals deal with matters under the Anti-Discrimination Act 1991. These tribunals are independent of the Commission. If a human rights complaint can’t be resolved, it cannot be referred to a tribunal for determination.
Tribunal responsibilities
Anti-discrimination complaints and other matters may be heard by one of two tribunals:
- The Queensland Industrial Relations Commission (QIRC) – deals with work-related anti-discrimination matters.
- The Queensland Civil and Administrative Tribunal (QCAT) – deals with all other anti-discrimination matters.
Tribunal powers
Each tribunal has powers to:
- hear and decide referred complaints
- make orders to protect a complainant's interests
- grant exemptions from the operation of the Anti-Discrimination Act 1991
- provide formal opinions on how the Act applies in specific circumstances.
How tribunal roles have changed
Before December 2009, anti-discrimination matters were dealt with by the Anti-Discrimination Tribunal (QADT). When QCAT was established, it took over that role.
Since March 2017, QIRC has dealt with work-related matters, while QCAT continues to be responsible for all other matters.
Referred complaints
Complaints that are not resolved through conciliation in the Commission may be referred to the relevant tribunal for hearing and determination.
- A complainant may ask for a complaint to be referred after a conciliation conference, or when advised in writing by the Commissioner that conciliation cannot resolve the complaint.
- A respondent may ask for a complaint to be referred if it has not been finalised within six months.
Protecting a complainant's interests
A tribunal may make an order to prevent a person from doing something that might prejudice conciliation of a complaint, or an order it could make after a hearing.
Applications can be made:
- any time after a complaint is lodged and before referral to the tribunal, either by the complainant or by the Commissioner, or
- after referral, by the complainant
Granting exemptions
In some circumstances, a tribunal may grant a temporary exemption from specified provisions of the Anti-Discrimination Act 1991. For more information on exemptions and how to apply, visit applying for a Tribunal exemption.
Providing opinions
A tribunal may provide a formal opinion on how the Anti-Discrimination Act 1991 applies to a specific situation. Only the Commissioner may request an opinion, and only when someone has asked the Commissioner for advice about how the Act applies.
The Commissioner is not obliged to ask the tribunal for an opinion, and the tribunal is not obliged to provide an opinion.
There have been no requests for opinions to QCAT or to QIRC.
Tribunal contact details
Queensland Industrial Relations Commission
Level 21, Central Plaza 2, 66 Eagle Street, Brisbane (8:30 am to 4:45 pm)
Post: GPO Box 373, Brisbane Qld 4001
Phone: 1300 592 987 (for Queensland callers), (07) 3227 8060 (for interstate and mobile callers)
Fax: 07 3221 6074
Email: qirc.registry@qirc.qld.gov.au
Visit the Queensland Industrial Relations Commission website
Queensland Civil and Administrative Tribunal
Level 9, Bank of Queensland Building, 259 Queen Street, Brisbane
Post: GPO Box 1639, Brisbane Qld 4001
Phone: 1300 753 228 (8:30am to 5:00pm)
Fax: 07 3221 9156
Email: enquiries@qcat.qld.gov.au
Visit the Queensland Civil and Administrative Tribunal website
Published decisions
QIRC decisions
- QIRC decisions through AustLII (HTML)
- QIRC decisions through the Supreme Court of Queensland Library site (PDF)
QCAT decisions
- QCAT decisions through AustLII (HTML)
- QCAT decisions through the Supreme Court of Queensland Library site (PDF)