Last Updated 14 June 2017
The basic scheme of the Anti-discrimination Act 1991 (Qld) (Anti-discrimination Act) is to make discrimination unlawful and to allow people to lodge complaints and, where the complaint cannot be resolved, to also proceed with a civil action against the other person concerned.
The Anti-discrimination Act contains stringent provisions with respect to vicarious liability (s 133) (i.e. a person or company’s responsibility for the acts of employees or agents).
A person is vicariously liable for the acts of their workers or agents unless they can prove, on the balance of probabilities, that they took reasonable steps to prevent contraventions (s 133(2) Anti-discrimination Act).
In order to show that reasonable steps had been taken, an employer would have to show that:
- the recruitment and selection of staff was non-discriminatory
- educational programs about discrimination and sexual harassment were operating for staff
- the employer had a specific well-publicised policy on discrimination and sexual harassment
- the employer had an effective complaints mechanism to deal with complaints of discrimination and sexual harassment
- employees had equitable access to benefits, promotion and training, and well-informed and responsible supervisors.
The reverse onus provisions governing vicarious liability place a burden on employers (for a detailed example see the case Boyle v Ozden & Ors (1986) EOC 92–165).