A Fresh Approach: Reform in Queensland’s Discrimination Legislation

In an historic development for Australia, Queensland’s Parliament passed the Respect at Work and Other Matters Amendment Bill 2024 (Qld) on September 10, 2024. This change in the state’s anti-discrimination law builds substantially upon proposals introduced in June 2024, significantly reshaping key aspects of the Anti-Discrimination Act 1991 (Qld) (ADA).

Understanding the Modifications to the ADA

In brief, the alterations to the ADA include the following:

1. The Implementation of Positive Duty: Duty holders must take reasonable and proportionate action to eliminate discrimination and harassment based on all protected characteristics as much as possible.
2. Additional Safeguards Against Workplace Harassment: Explicit protections against workplace harassment and hostile work environment on the grounds of sex are added.
3. New Protected Attributes: The new law introduces ‘expunged conviction’, ‘homelessness’, ‘irrelevant criminal record’, ‘irrelevant medical record’, ‘physical appearance’, and ‘subjection to domestic or family violence’ as protected attributes. It also modifies others and provides protection for individuals with a combination of two or more attributes.
4. Revised Definitions of Discrimination: Discrimination can now be direct, indirect, or both, with new specific tests for such discrimination.
5. Shared Burden of Proof: Complainants need to establish a prima facie case of discrimination, after which it falls on the respondent to refute the allegations.
6. Extended Timeframe for Complaints: The timeframe to lodge complaints has been extended to two years.
7. Introduction of Representative Complaints: The new law allows for representative complaints.
8. Expansion of QHRC’s Role and Powers: The Queensland Human Rights Commission (QHRC) now has enhanced authority to investigate suspected systemic contraventions and enforce compliance with the positive duty.

These significant revisions to the ADA will be implemented from 1 July 2025, with representative complaints commencing from 14 October 2024.

Guidance on Positive Duty and New QHRC Powers

The QHRC is mandated to provide guidance material on complying with the Queensland Positive Duty. As part of fulfilling this mandate, it will recommend actions that organisations should adopt to comply.

Moreover, the QHRC has been granted powers resembling those of the AHRC, enabling it to further examine suspected breaches and systemic contraventions of the ADA. It can also accept enforceable undertakings, issue compliance notices, and report on systemic contraventions.

Next Steps for Queensland Organisations

From 1 July 2025, Queensland organisations will have to adopt measures to prevent sexual harassment and other objectionable conduct, adhering to guidelines set by both the Commonwealth and Queensland positive duties and the new WHS Regulation.

To ensure compliance, organisations should integrate these obligations into a unified strategy Incorporating the following steps:

1. Development of a detailed Prevention and Response Plan
2. Updates to workplace policies to correlate with the new legislative amendments
3. Risk assessment practices to prevent unlawful conduct
4. Training programs to educate about the new and expanded protected attributes

If you need any assistance in aligning your present practices with the proposed changes, Cairns Employment Lawyers are ready to help. We offer expert solutions to help you fulfill the provisions of the Commonwealth positive duty and the new obligations under Queensland’s expanded positive duty. Contact us today for assistance with your prevention and response plan and updating your workforce policies and procedures.