In September 2024, Queensland's Anti-Discrimination Act (Act) received the biggest overhaul in its over thirty years' existence. Significant amendments will see a considerable shift in the State's discrimination law landscape, with the majority of amendments taking effect from 1 July 2025.
The changes follow the 2021 review of the Act by Queensland Human Rights Commission (QHRC) and its final report 'Building belonging: Review of Queensland's Anti-Discrimination Act 1991', which made 46 recommendations aimed at modernising and strengthening Queensland's discrimination protections.
What is changing?
In short, a lot is changing ... and new rules and risks arise. These include:
- the introduction of a positive duty for businesses, organisations and government agencies to prevent all forms of discrimination and vilification prohibited under the Act;
- refreshed definitions of direct vs indirect discrimination;
- new protected attributes to include:
- potential pregnancy;
- physical appearance (for example, height, weight, size, birth marks and other features);
- homelessness;
- victim-survivors of domestic and family violence; and
- people with expunged criminal convictions or irrelevant criminal or medical records;
- extended protections against unlawful vilification - public acts that incite hatred/serious contempt towards or severe ridicule of a person or group of persons;
- new powers for the QHRC to investigate and report on systemic discrimination, sexual harassment and vilification;
- a reverse onus of proof on respondents where, if there are facts from which it could be decided a respondent has contravened the Act, a respondent will need to prove no contravention; and
- timeframe to lodge a complaint with the QHRC extended from 12 months to 24 months.
The majority of the amendments are set to come into force by 1 July 2025 and will strengthen protections for individuals throughout Queensland, as well as bring the Act in line with federal legislation including the Sex Discrimination Act 1984 and the Racial Discrimination Act 1975.
Steps to take before 1 July 2025
If you are an employer or supplying good or services (including education) you should consider how these amendments apply to you and your workplace/ place of business.
In response to the establishment of a positive duty, employers should consider taking the following steps:
- Review and Update Policies: Conduct a thorough review of your current policies and procedures to align with the new requirements. Ensure they address all forms of discrimination and vilification as outlined in the amended Act.
- Educate and Train Staff: Implement regular training sessions for all employees, including management and senior staff, to raise awareness about the new obligations and the importance of respectful behaviour in the workplace.
- Develop a Prevention and Response Plan: Create a comprehensive plan that outlines proactive measures to prevent discrimination and harassment. This should include clear reporting mechanisms and response strategies.
- Engage with the QHRC: Stay informed about further guidance and resources provided by the Queensland Human Rights Commission. Utilise their materials to enhance your understanding and implementation of the new laws.
- Monitor and Evaluate: Regularly assess the effectiveness of your policies and training programs. Use surveys and feedback mechanisms to ensure continuous improvement and compliance.
How we can help
Gilchrist Connell's Workplace practice can assist employers and businesses of all sizes in Queensland to prepare for these new rules, risks and obligations, including through providing presentations and training to management and senior staff.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
