Last updated February 2024

Discrimination can be either direct or indirect. Direct discrimination occurs when a person with disability is treated less favourably than a person without disability would be treated in the same, or similar, circumstances. Indirect discrimination occurs, according to s 11 of the Anti-Discrimination Act 1991 (Qld) (Anti-Discrimination Act) and s 6 of the Disability Discrimination Act 1992 (Cth) (Disability Discrimination Act), when a person is required to comply with a term, requirement or a condition that they cannot comply with because of their disability and a higher portion of people without disability can comply with the term, requirement or condition. These anti-discrimination laws contain some exemptions that make what would otherwise be a discriminatory practice acceptable in certain circumstances. For example, it may be lawful to discriminate if a person with disability requires special services or facilities (e.g. a person’s transport from one point to another), and it would cause an organisation unjustifiable hardship to provide these. In considering unjustifiable hardship, all the relevant circumstances of the case are taken into account including:

  • the nature of the special services or facilities
  • the cost of supplying the special services or facilities
  • the number of people who would benefit or be disadvantaged
  • the financial circumstances of the person (or organisation) who is being requested to provide the special services or facilities
  • the nature of any benefit or detriment to all people concerned.

Making a complaint

People who believe they have been discriminated against can make a complaint to the Queensland Human Rights Commission (QHRC) or the Australian Human Rights Commission (AHRC). Complaints for breaches of the Human Rights Act 2019 (Qld) (Human Rights Act) can also be made to the QHRC.

Process of making a complaint

The Disability Discrimination Act confers on the AHRC the function to review complaints through a process of conciliation.

The QHRC administers the Anti-Discrimination Act and the Human Rights Act.

Complaints must be in writing. If the relevant legislation applies, the complaint will be investigated and attempts will be made to conciliate the complaint.

Complaints made pursuant to the Queensland Human Rights Commission

If the parties reach agreement, this is put into writing and filed with the Queensland Civil and Administrative Tribunal (QCAT). If agreement is not reached through conciliation, the person has the option of pursuing the matter in QCAT. Human Rights Act complaints alone cannot be referred to QCAT if they are unresolved through the QHRC.

Complaints made pursuant to the Anti-Discrimination Act through AHRC

If the parties do not secure an agreement, the complainant may proceed to the Federal Court of Australia or the Federal Circuit and Family Court of Australia.

For a full discussion on both the law and procedure for making discrimination and human rights complaints, see the chapters on Discrimination and Human Rights and Human Rights Law in Queensland.