The information on this page is about the protections that apply to discrimination on the basis of sex characteristics occurring on or after 29 April 2024.
Unfortunately, you cannot make a complaint to the Queensland Human Rights Commission about discrimination on the basis of sex characteristics which occurred before 29 April 2024. Read more below or contact us.
Under the Anti-Discrimination Act, sex characteristics are a person’s physical traits linked to their sex. This includes a person’s:
Some people have variations of sex characteristics which is sometimes described as ‘intersex’. Some people use this term, and others prefer not to.
Sex characteristics refer to physical traits only, not a person’s identity. Sex characteristics are different from and separate to a person’s gender identity and sexuality. We acknowledge that terminology is very important and that not all people like to be defined by the same terms. For the purpose of this information, we will use the term ‘variations of sex characteristics'.
Sex-characteristics discrimination happens when someone is treated unfairly because of their sex characteristics.
Discrimination on the basis of sex characteristics is unlawful whether or not:
The motive for the discrimination doesn’t matter – what matters is the effect of the behaviour.
Direct discrimination happens when a person is treated worse than others because of their sex characteristics.
For example, a person with variation of sex characteristics is refused hormone treatment, because the clinic refuses to treat patients with variations of sex characteristics.
Indirect discrimination happens when a rule, policy, or practice is difficult – or impossible – to comply with because of a person’s sex characteristics, unless it is reasonable in the circumstances.
For example, a man with variations of sex characteristics is disadvantaged in relation to screening for ovarian cancer because the relevant system does not allow for a man to record that he has female sex characteristics.
It is also unlawful to discriminate against someone because of their connection with a person with particular sex characteristics or variations of sex characteristics. This includes discrimination based on their relationship or association with someone with particular sex characteristics or variations of sex characteristics, such as a:
There are some circumstances when discrimination on the basis of sex characteristics is allowed. These are called ‘exemptions’.
Exemptions apply only in limited situations and only when they are reasonable.
Programs designed to promote equal access or reduce disadvantage for persons who have variations of sex characteristics may be lawful.
For example, an employer encourages applicants with variations of sex characteristics to apply for a youth support worker role.
There are no exemptions which allow people to restrict participation in competitive sports on the basis a person has variations of sex characteristics.
Vilification on the basis of sex characteristics is unlawful in Queensland.
Vilification happens when a person does a public act that incites hatred, serious contempt, or severe ridicule of a person or group because of their sex characteristics.
Serious vilification is when someone additionally threatens physical harm to a person or their property or incites others to threaten physical harm to a person or their property. Serious vilification is a criminal offence.
A person must not ask another person to provide information which could be used to discriminate against them, unless it is genuinely required for a legitimate (non-discriminatory) reason.
For example, seeking the medical records of a person with variations of sex characteristics, where this information is not reasonably required, could be an unlawful request for information.
If you believe you have been discriminated against because of your sex characteristics, you can make a complaint to the Queensland Human Rights Commission.
