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      Anti-discrimination law in Queensland

      The Anti-Discrimination Act 1991 (Qld) is a law which promotes equality of opportunity for everyone by protecting them from discrimination. It prohibits discrimination, sexual harassment, and vilification in Queensland.

      What is discrimination? 

      Discrimination happens when someone is treated unfairly because of a personal characteristic such as their sex, race, disability (impairment) or age.

      However, not all treatment that seems unfair is unlawful discrimination under the Anti-Discrimination Act.

      For conduct to be unlawful discrimination under the Anti-Discrimination Act, it must:

      1. Be based on a personal characteristic protected by the Act (this is called an ‘attribute’)
      2. Take place in an area of activity in which discrimination is prohibited
      3. Result in you being treated less favourably than someone without the attribute.

       

      Types of discrimination  

      There are two types of discrimination:

      Direct discrimination happens when a person is treated worse than others because of a protected attribute.

      For example, refusing to hire someone because they are pregnant. 

      Indirect discrimination happens when a rule, policy, or practice is difficult - or impossible - to comply with because of a person's protected attribute, unless it is reasonable in the circumstances.

      For example, requiring that prospective employees for a new role interview via telephone and not providing another option or translation service (like the National Relay Service) for candidates who are deaf.

      When and where discrimination is unlawful 

      Discrimination is prohibited in most areas of public life in Queensland, including:  

      • At work: including in relation to recruitment, job offers, training, promotion, conditions, and dismissal.   
      • In education: schools, universities, TAFE and other training providers cannot refuse enrolment or treat students differently because of a protected attribute.   
      • In accommodation: including when renting, applying for housing, or staying in short-term accommodation.  
      • In goods and services: shops, cafés, banks, loans, government or other services must treat people fairly regardless of any protected attribute.
      • In the provision of superannuation and insurance.  
      • In club membership and affairs: membership, benefits, and participation must not be based on a protected attribute.  
      • In administration of state laws and programs: Queensland government agencies must not discriminate when providing services or public programs.

       
      Discrimination can happen face-to-face, in writing, over the phone, or online.

      Learn more about Exemptions.

      Other prohibited behaviour

      The Anti-Discrimination Act also prohibits: 

      What you can do if you’ve experienced discrimination

      Other laws that protect you from discrimination 

      • The Human Rights Act 2019 (Qld) protects people’s rights to equality and non-discrimination by requiring public entities (including state government agencies) to consider this right when making decisions or taking actions that affect you.
      • National laws (called federal laws) also cover sex, race, disability, and age discrimination.
Some protections provided by these laws overlap with Queensland’s laws.

      You can learn more about discrimination laws across Australia on the Australian Human Rights Commission website.

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