Last Updated 14 June 2017
According to the Anti-discrimination Act 1991 (Qld) (Anti-discrimination Act), the commissioner can reject a complaint if:
- it is outside the 12-month time limit (s 138)
- it is frivolous, trivial or vexatious, misconceived or lacking in substance (s 139)
- there are concurrent proceedings in a court or tribunal in relation to the act or omission that is the subject of the complaint (s 140).
It is possible to ask for reasons for a rejection, but this must be done within 28 days (s 142 Anti-discrimination Act). There is no provision for an appeal from a decision of the commission to reject a complaint within the Anti-discrimination Act.
The only avenue open to a complainant whose complaint has been rejected by the commissioner is to apply to the Supreme Court under the Judicial Review Act 1991 (Qld) (Judicial Review Act) for a review of the commissioner’s decision (see the chapter on Complaints about Government).
Any application would need to be based on one of the grounds of review that are available under that Judicial Review Act, such as that the Anti-discrimination Commission failed to take into account a relevant consideration or took into account an irrelevant consideration.