Second statement from Queensland Human Rights Commissioner Scott McDougall regarding delay on anti-discrimination law changes

On 29 April, the Attorney General introduced legislation to indefinitely delay legislated changes to Queensland’s Anti-Discrimination Act due to commence on 1 July 2025. This is a huge disappointment to me and will be to many Queenslanders who have worked tirelessly for positive change.

This is a missed opportunity and represents a failure to protect vulnerable people from discrimination. Examples of the serious negative impacts of this indefinite delay are:

Denying protection against discrimination to Queenslanders experiencing domestic or family violence or homelessness

Denying protection against vilification for Queenslanders with a disability and older people

Denying Queensland businesses and the community certainty about implementation of the proactive, positive duty to prevent discrimination and the support the Commission was poised to provide to assist with compliance and implementation

Failing to update the rigid and complex legal tests of discrimination, to the detriment of all parties to discrimination complaints.

Since the Attorney General indicated her intention to pause the reforms on 14 March 2025, I have sought to work with her constructively to devise a proportionate response to any concerns she may have. I have consistently pressed upon the Attorney General that there is no need for an indefinite postponement of the entirety of the suite of sensible reforms.

Options on the table included limited and timebound postponement of aspects that raised concerns, such as the new prohibitions on sex-based harassment and the new irrelevant criminal record attribute. An alternative was targeted amendments to clarify the reforms and exemptions. Despite these available options, the Government has chosen indefinite postponement of these reforms.

In addition, I have shared with the Attorney General my concerns about adverse impacts that may arise from recommencing consultation on matters, which have already been subject to an extensive process. At best, this could result in consultation fatigue; at worst it stokes public debate which is re-traumatising to victims of discrimination, harassment, vilification and victimisation.

If the Attorney General is genuine about fostering safe, respectful and inclusive workplaces across Queensland, I urge her to be forthcoming about her intentions for consultation and a commencement date for all or most of the amendments to the Anti-Discrimination Act. In the absence of this information, there is a risk the community will lose confidence in the Government’s commitment to strengthening protections for vulnerable Queenslanders and modernising Queensland’s equality laws.

The Queensland Human Rights Commission stands ready to collaborate with the Attorney General to progress these important reforms.

The Commissioner’s previous statement can be found here.

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Media Contacts

QHRC Media

Email: comms@qhrc.qld.gov.au

Phone: 0407 657 411