For example: a bus operator can give priority in seating to people who are pregnant or frail.
Types of exemptions
The Act contains
- general exemptions that apply to all areas where discrimination is otherwise prohibited; and
- specific exemptions that apply to particular areas (such as work, accommodation, goods and services, education) or in particular circumstances (such as allowing publication of a fair report about vilification).
If these exemptions do not apply, a person or organisation can apply to a tribunal for an exemption from the operation of provisions of the Act for a period of up to 5 years. Learn more about tribunal exemptions.
General exemptions
The general exemptions in Chapter 2, Part 5 of the Act include:
Welfare measures
A person may do something to benefit members of a group of people with a protected attribute if the purpose is not inconsistent with the Act.
For example: an employer may establish a high security patrolled car park for women to reduce the likelihood of physical attacks.
Equal opportunity measures
A person may do something to promote equal opportunity for members of a group of people with a protected attribute, if the purpose is not inconsistent with the Act, until the purpose of the equal opportunity has been achieved.
For example: government may establish special employment programs for people aged over 50, or initiatives to support women in male-dominated industries.
Protecting public health
A person may discriminate on the basis of a protected attribute, if it is reasonably necessary to protect public health.
For example: if there is an outbreak of an infectious disease (such as whooping cough or measles) in a day care centre, preschool or primary school, the organisation's director or principal can be instructed by the Public Health Unit to exclude a child who is not immunised until the outbreak is over.
Workplace health and safety
A person may discriminate on the basis of a protected attribute if it is reasonably necessary to protect the health and safety of people at a place of work.
For example: a home economics teacher working in the school kitchen was required to wear closed in shoes, despite having a foot condition that precluded this.
For example: a worker at an animal refuge was not given any work when she announced her pregnancy. The employer could not provide her with work that did not involve risk of toxoplasmosis infection through contact with cat faeces.
Religious bodies
A body established for religious purposes may discriminate on any grounds, except in the areas of work and education, provided the discrimination is in accordance with the doctrine of the religion and is necessary to avoid offending the religious sensitivities of people of the religion. There are also specific exemptions in the work and education areas for religious bodies.
The Act does not apply to:
- the ordination or appointment of priests, ministers of religion or members of a religious order
- the training or education of people seeking to be ordained or appointed as priests, ministers of religion or members of a religious order
- selecting or appointing people to perform functions or participate in any religious observance or practice.
Charities
A charity can include a discriminatory provision in a document if it provides exclusively for charitable benefits.
Competitive sport
Participation in competitive sporting activities involving people age 12 years and over, may lawfully be restricted to:
- either males or female
- people who can effectively compete
- a specified age or age group
- people with a specific or general disability (impairment)
It is not lawful to restrict participation in competitive sports on the basis of someone’s sex characteristics.
Competitive sporting activities do not including coaching, umpiring, refereeing or administration.
For example: a tennis competition can be restricted to players who use wheelchairs.
Legal incapacity
A person may discriminate against someone on the basis of age or disability (impairment) because they are subject to a legal incapacity, if the incapacity is relevant to the transaction.
For example: a person refuses to enter into a contract to purchase a property with a child.
Compulsory age retirement
Compulsory retirement age can be imposed for certain positions such as judges and magistrates, police, and fire officers.
Citizenship or visa requirements
A Queensland government entity may set particular citizenship or visa status criteria for a person to access financial or other assistance, services or support.
Specific exemptions
Exemptions that apply to specific areas of activity where discrimination is unlawful are set out in Chapter 2, Part 4 of the Act.
Work exemptions
Genuine occupational requirement
An employer can discriminate when hiring for a job that genuinely requires that a person have a particular ability or attribute.
For example: considering only women applicants for a position involving body searches of women.
For example: considering only members of a particular political party when hiring for a role in the office of a member of parliament.
Religious organisations as employers
Organisations established for religious purposes, including schools, may discriminate against a person, in a way that is not unreasonable, if it is a genuine occupational requirement that the person act in a way consistent with the employer’s religious beliefs and the person openly acts contrary to those beliefs. The requirement and behaviour must be in the course of or in connection with the work.
Whether the discrimination is reasonable depends on the circumstances, including whether the action taken by the employer is disproportionate to the behaviour, and the consequences for both the person and the employer.
This exemption does not allow discrimination on the basis of age, race, or impairment, and does not allow an employer to ask a person’s age, sexuality, or whether they have children.
Work in a person’s home
A person may discriminate on the basis of any attribute except race when employing a person to perform work of a domestic nature or care for their children in their own home.
Employer-provided accommodation
An employer may discriminate on the basis of sex where a worker is required to live in employer-provided accommodation and there is no single sex accommodation available and providing single sex accommodation would impose an unjustifiable hardship on the employer.
An employer may discriminate on the basis of relationship status where the work requires 2 people who are both required to live together in accommodation provided by the employer.
Retiring age for partners
An employer may discriminate on the basis of age in relation to a partnership by specifying:
- new partners must not be more than a specified age
- partners must retire at a specified age.
Youth wages
An employer may pay a worker who is under 21 at a rate according to their age.
Education exemptions
Single sex, religion, or disability (impairment)
School or educational institutions established wholly or mainly for:
- students of a particular sex or religion may exclude students who are not of the particular sex or religion.
- students who have a general or specific disability may exclude students who do not have a general, or the specific, disability.
However, after a student is enrolled, schools and educational institutions must not discriminate against the student on the basis of any protected attribute.
Age based admissions
Schools and educational institutions can set a minimum qualifying age for admission.
Students with disability (impairment) requiring special services
Educational institutions are required to make reasonable adjustments for students with disability. However, it can be lawful to discriminate on the basis of disability where special services or facilities are needed for a student with disability, and supplying the special services or facilities would impose unjustifiable hardship on the educational institution.
Provision of goods and services exemptions
Not-for-profit organisations
Not-for-profit associations established for social, literary, cultural, sporting, political, community or similar purposes may discriminate on any ground when providing goods and services.
Age-based benefits
A person may provide age-based benefits, such as travel concessions and Seniors’ Cards.
Children to be accompanied by an adult
If providing goods or a service might create a risk to a child’s safety, a person may discriminate on the basis of age by requiring that a child be accompanied by an adult.
For example: a person may refuse a young child entry to a paintball course because they are not accompanied by an adult.
Sites of religious or cultural significance
Access to land or buildings of cultural or religious significance may be restricted on the basis of sex, age, race or religion if the restriction is in accordance with the culture or religion concerned, and if it is necessary to avoid offending the cultural or religious sensitivities of the people of the culture or religion.
Persons with disability (impairment) requiring special services
People providing goods and services are required to make reasonable adjustments for people with disability. However, it can be lawful to discriminate on the basis of disability where special services or facilities are needed for a person with disability, and supplying the special services or facilities would impose unjustifiable hardship on the person providing the goods or services.
Superannuation and insurance exemptions
Superannuation and insurance companies may discriminate on the basis of age or disability (impairment) if the discrimination is reasonable and is based on reasonable actuarial or statistical data (unless there is none available).
Disposition of land exemptions
Wills or gifts
A person may discriminate on any basis when disposing of land if it is through a will or a gift.
Sites of cultural or religious significance
Discrimination on the basis of sex, age, race, or religion when disposing of land or a building of cultural or religious significance is permitted, if it is in accordance with the culture or religion and is necessary to avoid offending the cultural or religious sensitivities of people of the culture or religion.
Accommodation exemptions
Shared accommodation
A person may discriminate on the basis of any protected attribute when deciding who will reside in their own home, as long as they are renting to no more than 3 people.
Accommodation for students
A school or educational institution that provides education to students of a particular sex or religion, or who have a general or specific disability (impairment), may provide accommodation wholly or mainly for those groups of students.
Accommodation with religious purpose
A religious body may discriminate on the basis of any protected attribute when providing accommodation if the discrimination is in accordance with the relevant religious doctrine and is necessary to avoid offending religious sensitivities of people of the religion.
Accommodation with charitable purposes
A body established for charitable purposes may discriminate on the basis of sex, relationship status, or age when providing accommodation if the discrimination is in accordance with the purpose for which the accommodation was established.
Persons with disability (impairment) requiring special services
People providing accommodation are required to make reasonable adjustments for people with disability. However, it can be lawful to discriminate on the basis of disability where special services or facilities are needed for a person with disability, and supplying the special services or facilities would impose unjustifiable hardship on the person providing the accommodation.
However, it is unlawful for accommodation providers to refuse to allow someone with a disability to make alterations to accommodation to meet their own needs, if the alteration is at their own expense, doesn’t alter the premises of another occupier, and the person undertakes to restore the accommodation to its previous condition before leaving it.
Club membership and affairs exemptions
Note: Club means an association established for social, literary, cultural, sporting, political, community or similar purposes, and has the purpose of making a profit.
Minority cultures
A club may exclude applicants for membership who do not have an attribute for whom the club was established if the club operates wholly or mainly to preserve a minority culture or prevent, or to reduce disadvantage suffered by people of that group.
Reasonable sex discrimination
Clubs may discriminate on the basis of sex by limiting access to a membership benefit if it is not practical for male and female members to enjoy that benefit at the same time, and equal access to the same or equivalent benefit is provided separately.
Reasonable risk of injury
Clubs may exclude a child from membership if there is a reasonable risk of injury to a child or other people.
Persons with disability (impairment) requiring special services
Clubs are required to make reasonable adjustments for people with disability. However, it can be lawful to discriminate on the basis of disability where special services or facilities are needed for a person with disability, and supplying the special services or facilities would impose unjustifiable hardship on the club.
For example: an advertisement for a position that must be held by a person who is Aboriginal or Torres Strait Islander could state ‘To perform this role it is essential that the person is an Aboriginal or Torres Strait Islander person. It is therefore a genuine occupational requirement under section 25 of the Anti-Discrimination Act 1991’.