Exemption application decisions

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.

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.

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.

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.

To restrict accommodation and ownership of homes in a manufactured home park known as Greenbank Gardens, to people aged over 50 years.

Refused – The purpose of ensuring that the facilities remain affordable and that 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.

The exemption applies from 14 November 2021 to 14 November 2026.

The exemption applies for the period of five years from 19 August 2022.

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.

To restrict accommodation and services in a residential complex at Miami to people aged over 50 years.

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.

To open, promote, and operate health clubs run exclusively by and for women.

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 Womens Health Clubs (Australia) Pty Ltd in Queensland.

The exemption applies for a period of five years from 14 April 2021 to 14 April 2026.

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.

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.

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.

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.

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 from the date of the application, 2 November 2018, for a period of five years.

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.

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.

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.

To restrict accommodation in residential unit complex to singles — 5 Greensquare Close, Fortitude Valley

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.

To restrict accommodation in residential unit complex to singles — 47 Warry Street, Fortitude Valley

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.

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.

Granted – exempt from the operation of sections 14, 15, 101, and 127 in relation to the attribute in section 7(a), sex, as follows:
(a) in relation to the advertising, recruitment and employment practices for female correctional officers, female correctional supervisors, and female trade instructors at Brisbane Women’s Correctional Centre and its subsidiary units including Helena Jones Women’s Community Custody Centre and the Numinbah Women’s Low Custody Centre;
(b) for a period from 5 November 2013 until the date which is 5 years from the date of this order.

Granted — exempt from the operation of sections 14, 15 and 127 in relation to the attribute in section 7(a) — to 31 December 2017.