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      Age

      The Anti-Discrimination Act 1991 (Qld) makes it unlawful to treat someone less favourably because of their age. This protection applies to people of all ages. Someone can face discrimination for being considered 'too young' or 'too old'.

      What is age discrimination? 

      Age discrimination happens when someone is treated unfairly because of their age. This protection applies to people of all ages. 
       
      Age discrimination is unlawful whether or not:

      • the assumptions they made about your age were correct
      • the person who discriminated against you didn’t mean to discriminate or didn’t think they were discriminating against you.

      The motive for the discrimination doesn’t matter – what matters is the effect of the behaviour.

      Age discrimination can be direct or indirect.

      Direct discrimination happens when someone is treated worse than others because of their age.

      For example, an employee isn’t sent on a training course because their supervisor thinks ‘they’re too close to retirement because they are older’.

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

      For example, an employer requires all job applicants for an entry-level role to have 10 years’ experience, which unfairly disadvantages younger workers.

      It’s also unlawful to treat someone unfairly because of their connection with a person of a certain age. This includes discrimination based on their relationship or association with someone of an age, such as a:

      • friend
      • family member
      • co-worker.

        For example, a backpacker is refused entry to a hostel while travelling with her mother because staff think her mother ‘wouldn’t fit in with the usual crowd’.

        When discrimination may be lawful (exemptions) 

        The Anti-Discrimination Act includes exemptions where age-based distinctions may be reasonable and lawful. Exemptions apply only in limited situations and only when they are reasonable.  

        Each exemption case depends on individual circumstances. Learn more about Exemptions.

        Some exemptions that may apply in relation to age are:

        Age-based programs or support

        For example, 

        • An employer encourages applications from older jobseekers to address barriers to re-employment.
        • Programs that help people of a certain age group are allowed, like work experience programs for school students.
        • A youth employment agency runs training programs for young people to build skills and confidence.

        Age-based benefits 

        Concessions or benefits.

          For example,

          • Child and senior travel discounts.
          • Seniors Cards that provide access to government or business concessions.

           
          Information for a non-discriminatory purpose 

          Employers may collect age information only if it’s reasonably necessary and not used to discriminate.

            For example,

            • Asking a person’s age if hiring for a junior role being paid youth wages.
            • Requesting date of birth for identification.
            • Private employment agents keeping a register that includes age for compliance reasons.

            Genuine occupational requirement 

            Sometimes a particular age is genuinely required for a position. It may be lawful to discriminate on the basis of age in a work context if there is a ‘genuine occupational requirement’ that the person be a particular age.

              For example,

              • A theatre production casting a person to play a child or older adult.
              • A real estate agent licence requiring applicants to be 18 or older.

              Youth wages 

              Workers under 21 can be paid according to junior wage rates under lawful employment awards. Employers can advertise for a junior.

              Compulsory retirement 

              Some occupations have mandatory retirement ages under Queensland law. This includes fire officers, police officers, and certain statutory positions such as judges.

              Sport and clubs 

              Participation in competitive sporting activities can be restricted by age.

              Clubs may exclude minors from membership because of the risk of injury

              What you can do 

              If you believe you’ve been discriminated against because of your age, you can make a complaint to the Queensland Human Rights Commission.