CHAPTER CONTENTS

click to download a pdf of this chapterDiscrimination and Human Rights Legislation

Discrimination under Queensland Legislation

Discrimination Explained
Prohibited Grounds for Discrimination
Prohibited Areas of Activity for Discrimination
General Exemptions for Discrimination
Sexual Harassment
Vilification
Victimisation in Discrimination Matters

      Complaints Regarding Discrimination in Queensland

Discrimination Complaints – Employer’s Liability for the Acts of Workers
Making a Discrimination Complaint
Rejection of a Discrimination Complaint
Conciliation Regarding Discrimination Complaints

      Discriminatory Offences and Court Processes in Queensland

Criminal Offences under the Anti-discrimination Act
Tribunal Hearings of Discrimination Complaints
Tribunal Powers in Discrimination Matters
Appeals in Discrimination Matters

      Discrimination under Commonwealth Legislation

Racial Discrimination
Sex Discrimination
Disability Discrimination
Age Discrimination

Proceedings in Discrimination Matters under Commonwealth Legislation

Human Rights and Equal Opportunity Commission
Complaints under the Commonwealth Human Rights and Anti-discrimination Scheme
Discrimination Complaints in the Federal Court and the Federal Circuit Court
Case of Unlawful Discrimination
Court Processes in Discrimination Matters

The Australian Human Rights Commission describes human rights as:

  • the recognition and respect of people’s dignity
  • a set of moral and legal guidelines that promote and protect a recognition of our values, our identity and ability to ensure an adequate standard of living
  • the basic standards by which we can identify and measure inequality and fairness
  • those rights associated with the Universal Declaration of Human Rights.

The Australian Human Rights Commission Act 1986 (Cth) contains a limited definition of human rights used for the purposes of that Act. Human rights are defined as those rights and freedoms contained in specific international instruments that are scheduled to, or declared under, the Act. These instruments include:

  • Convention Concerning Discrimination in Respect of Employment and Occupation (sch 1)
  • International Covenant on Civil and Political Rights (sch 2)
  • Declaration of the Rights of the Child (sch 3)
  • Declaration on the Rights of Mentally Retarded Persons (sch 4)
  • Declaration on the Rights of Disabled Persons (sch 5).