Political belief or activity

What is political belief or activity?

Political belief or activity refers to beliefs or actions related to the policies, structure, composition, roles, obligations, purposes or activities of government.

Government refers to Commonwealth, State, or local government.

This can include a person’s support for a political party or candidate or their involvement in political discussions.

What is discrimination on the basis of political belief or activity?

Political belief or activity discrimination happens when someone is treated unfairly because of their political views or their involvement in political activities.

Discrimination on the basis of political belief or activity is unlawful whether or not:

the assumptions they made about your political beliefs or activities 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.

Discrimination against someone because of their political beliefs or activities can be direct or indirect.

Direct discrimination happens when a person is treated worse than others because of their political beliefs or activity.

For example, a hotel manager refuses to allow a group to hold a meeting at the hotel because the manager disagrees with their political views

Indirect discrimination happens when a rule, policy, or practice is difficult – or impossible – to comply with because of a person’s political beliefs or activities.

For example, our employer requires you to sign a petition to change a particular law that is to be presented to the State government, however you don’t agree with the petition.

It is also unlawful to discriminate against someone because of their connection with a person with particular political beliefs. This includes discrimination based on their relationship or association with someone with particular political beliefs, such as a:

friend
family member
co-worker.

Learn more about Association discrimination.

When and where it’s unlawful to discriminate on the basis of political belief or activity

Discrimination based on political belief or activity is unlawful under the Anti-Discrimination Act:

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 their political beliefs or activities.

In accommodation: including when renting, applying for housing, or using short-term accommodation.

In goods and services: shops, cafés, banks, loans, government or other services must treat people fairly regardless of their political beliefs or activities.

In club membership and affairs: membership, benefits, and participation must not be restricted based on a person’s political beliefs or activities.

In state government administration: in the administration of state government programs.

Unless a valid exemption applies (see below).

Examples of political belief or activity discrimination

A dentist hands out how-to-vote cards at a federal election. Her employer sees her at the polling booth and tells her to look for another job because of her political persuasion.

A local community group books a hall to discuss a protest about a government policy. The booking is refused because the hall manager disagrees with their views.

A person has a family member who is a member of a political party and this results in a job applicant not being selected even though they are best-qualified, simply because the hiring manager disagrees with the office-holder’s views.

When discrimination may be lawful (Exemptions)

There are some circumstances when discrimination on the basis of political belief or activity is allowed. These are called ‘exemptions’.
Exemptions apply only in limited situations and only when they are reasonable.

Examples include:

Local government members

A member of a local council may discriminate against another member on the basis of political belief or activity in the performance of official functions.

Genuine occupational requirement

It may be lawful to discriminate on the basis of political belief or activity in a work context if there is a ‘genuine occupational requirement’ that the person have a particular belief or do certain political activities.

For example, an adviser to a political party or a staff member working for a Member of Parliament can be restricted to members of the relevant party.

Learn more about Exemptions.

What you can do

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

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