Protecting complainant's interests before referral — applications to the ADT
This is a table of decisions of the Anti-Discrimination Tribunal Queensland on applications under section 144 of the Anti-Discrimination Act 1991 for orders to protect a complainant's interests while the complaint is still before the Commission.
At any time before a complaint is referred to the relevant tribunal, the complainant or the Commissioner may apply to the tribunal for an order to stop a person from doing something that might prejudice:
- the investigation or conciliation of the complaint; or
- an order that the tribunal might make after a hearing.
|Case, date & decision-maker(s)||Purpose||Outcome|
| Finn v Minister of Education
 QADT 4; (1995) EOC 92-722 (19 July 1995)|
|Retaining the complainant’s enrolment in a school.|
| Boskoski & Goodwin v Transit Australia
 QADT 15 (27 November 1995)|
|Prohibit the introduction of buses that are non-accessible to people with disabilities.||Undertakings given by respondents concerning accessibility|
| K v N School
 QADT 16 (1 December 1995)|
Prohibit a school from refusing to accept an enrolment for the following year.
(Prohibiting school from excluding the child from normal classroom activities — not granted — beyond the preservation of the status quo.)
Hashish v Minister for Education  QADT 1 (9 January 1996) Holmes
Hashish v Minister for Education  QSC 38 (20 March 1996) Ambrose J
Hashish v Minister for Education  2 Qd R 18;  QCA 13 (25 February 1997) Fitzgerald P, McPherson JA, Thomas J
|Prohibit school from preventing student from attending the school, from continuing to receive appropriate special education services.|
Set aside on appeal
Further appeal dismissed
| P v Minister for Education
 QADT 5; (1996) EOC 92-795 (23 January 1996)|
|Prohibit the State from refusing or declining to accept an enrolment of student with disabilities in a mainstream school.||Refused|
| Ross v Minister for Education
 QADT 6 (2 February 1996)|
|Prohibit the State from refusing to provide a program of instruction to students with disabilities at the schools they have been attending.||Granted|
| Ivory v Griffith University
 QADT 15 (28 June 1996)|
|Preserving a complainant’s job — prohibiting compulsory retirement on the basis of age.||Granted|
| Anderson & Thompson v Australian Meat Holdings Pty Ltd
 QADT 25 (16 October 1997)|
Prohibit the employer from ceasing or suspending the complainants’ employment.
Refused, but adjourned sine die.
| Connor v Evans
 QADT 14 (21 July 1998)|
|Prohibit an employer from completing the termination of complainant’s employment||Refused|
| Dillon v Anti-Discrimination Commission Queensland
 QADT 21 (30 November 1998)|
Orders that the Commission investigate and conciliate complaint.
| Brackenreg v Queensland University of Technology
 QADT 11 (20 December 1999)|
To be reinstated as a student after being excluded.
| Deen v Lamb
 QADT 20 (8 November 2001)|
To prohibit further publication of a pamphlet about a political candidate’s views on the Koran and people who believe in its teachings (vilification).
| Tait v Queensland Police Service
 QADT 8 (19 April 2002)|
To restrain Centrelink and others from interfering with applicant’s use of or passage into any Commonwealth premises, and to require the Supreme Court to file orders of the tribunal without requiring payment of fees.
| Whalley v Thiess Pty Ltd
 QADT6 (4 June 2003)|
|Support and rehabilitation in a position the complainant was unable to continue to perform because of disability.|
| Simpson v Welch & Queensland Police Service
 QADT 17 (28 June 2002)|
To restore a police officer to the position he occupied before being suspended.
| Hastie v Ryan
 QADT 29 (12 December 2003)|
|Prohibit employer transferring complainant from her workplace.||Granted|
| Transport Workers Union of Australia, Boss & Wood v Boral Resources (Qld) Pty Ltd
 QADT 10 (16 March 2006)|
|Prohibit employer from requiring the complainant to attend any medical assessments; prohibit employer from disciplining complainants for not attending medical assessments; and prohibit employer from terminating complainants for not attending medical assessments.||Granted|