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)PurposeOutcome
Finn v Minister of Education [1995] QADT 4; (1995) EOC 92-722 (19 July 1995)
Atkinson P 		Retaining the complainant’s enrolment in a school.

Granted

Boskoski & Goodwin v Transit Australia [1995] QADT 15 (27 November 1995)
Holmes 		Prohibit the introduction of buses that are non-accessible to people with disabilities. Undertakings given by respondents concerning accessibility
K v N School [1995] QADT 16 (1 December 1995)
Holmes

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.)

 Granted

Hashish v Minister for Education [1996] QADT 1 (9 January 1996) Holmes

Hashish v Minister for Education [1996] QSC 38 (20 March 1996) Ambrose J

Hashish v Minister for Education [1998] 2 Qd R 18; [1997] 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.

Granted

Set aside on appeal

Further appeal dismissed

P v Minister for Education [1996] QADT 5; (1996) EOC 92-795 (23 January 1996)
Keim 		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 [1996] QADT 6 (2 February 1996)
Atkinson P 		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 [1996] QADT 15 (28 June 1996)
Atkinson P 		Preserving a complainant’s job — prohibiting compulsory retirement on the basis of age. Granted
Anderson & Thompson v Australian Meat Holdings Pty Ltd [1997] QADT 25 (16 October 1997)
Holmes

Prohibit the employer from ceasing or suspending the complainants’ employment.

Refused, but adjourned sine die.
Balance of convenience — element of risk of injury in returning them to their jobs

Connor v Evans [1998] QADT 14 (21 July 1998)
Holmes 		Prohibit an employer from completing the termination of complainant’s employment Refused
Dillon v Anti-Discrimination Commission Queensland [1998] QADT 21 (30 November 1998)
Copelin P

Orders that the Commission investigate and conciliate complaint.

Refused.
Complaint had been rejected under ss 138 & 139. Tribunal does not have jurisdiction to review the decision of the Commissioner.

Brackenreg v Queensland University of Technology [1999] QADT 11 (20 December 1999)
Copelin P

To be reinstated as a student after being excluded.

Refused.
No power to make interim orders that are mandatory in effect.

Deen v Lamb [2001] QADT 20 (8 November 2001)
Sofronoff P

To prohibit further publication of a pamphlet about a political candidate’s views on the Koran and people who believe in its teachings (vilification).

Refused.
Exemption for act done in good faith in the public interest applied. (The tribunal determined the issue to be tried.)

Tait v Queensland Police Service [2002] QADT 8 (19 April 2002)
Sofronoff P

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.

Refused.
The tribunal did not have jurisdiction because the complaint had been rejected by the Commission.

Whalley v Thiess Pty Ltd [2003] QADT6 (4 June 2003)
Sofronoff P 		Support and rehabilitation in a position the complainant was unable to continue to perform because of disability.

Refused

Simpson v Welch & Queensland Police Service [2002] QADT 17 (28 June 2002)
Sofronoff P

To restore a police officer to the position he occupied before being suspended.

Refused.
An exemption for discrimination covered by the IR Act clearly applied (trade union activity).

Hastie v Ryan [2003] QADT 29 (12 December 2003)
Sofronoff P 		Prohibit employer transferring complainant from her workplace. Granted
Transport Workers Union of Australia, Boss & Wood v Boral Resources (Qld) Pty Ltd [2006] QADT 10 (16 March 2006)
Forrest 		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

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