Legal Project Management Plan & Checklist
Making a discrimination complaint in Queensland: the 1-year limit, Human Rights Commission conciliation, referral to QCAT or the QIRC, and remedies.
What is the time limit for a discrimination complaint in Queensland?: A complaint must be made within 1 year of the alleged contravention; a later complaint is accepted only if the Commissioner is satisfied the complainant has shown good cause (Anti-Discrimination Act 1991 (Qld) s 138). If a referred complaint was made out of time, QCAT or the QIRC may still deal with it if that is reasonable on the balance of fairness between the parties (s 175).
What attributes are protected from discrimination in Queensland?: Sex, relationship status, pregnancy, parental status, breastfeeding, age, race, impairment, religious belief or activity, political belief or activity, trade union activity, sex work activity, gender identity, sexuality, sex characteristics, family responsibilities, and association with or relation to a person with any of these attributes (Anti-Discrimination Act 1991 (Qld) s 7).
How does a complaint get from the Commission to QCAT or the QIRC?: If it is not resolved, the complainant can require referral by written notice after an unsuccessful conciliation conference (s 164A), within 28 days of being notified that it cannot be resolved by conciliation (s 166), or if the Commission has not finished with it 6 months after accepting it (s 167). Complaints that are or include a work-related matter go to the Queensland Industrial Relations Commission, and others to QCAT.
Urgent orders protecting a discrimination complainant in Queensland before referral: applying to QCAT or the QIRC under Anti-Discrimination Act s 144.
Referring a Queensland discrimination complaint to QCAT or the QIRC after conciliation fails: the 28-day notice, contentions, hearing and appeal.
Preparing for and settling a Queensland Human Rights Commission conciliation conference: damages schedule, the conference and the settlement deed.
What can the tribunal order if discrimination is proven?: Orders that the respondent not contravene the Act again, compensation for loss or damage (including offence, embarrassment, humiliation and intimidation), action to redress the loss such as reinstatement, a private or public apology, programs to eliminate unlawful discrimination, interest, and voiding a related agreement (s 209).
Jurisdiction: Queensland. Complaints are made to the Queensland Human Rights Commission, which investigates and conciliates them. Unresolved complaints are referred to the Queensland Civil and Administrative Tribunal or, for work-related matters, the Queensland Industrial Relations Commission. Forks cover settlement at conciliation, referral for adjudication and urgent orders protecting the complainant's interests.
The Process at a Glance: Identify the protected attribute, the area of activity and the type of conduct, map the incidents and calculate the 1-year limit from each alleged contravention. Assess any employer's vicarious liability (s 133) and whether a Fair Work Act general protections claim is an alternative. Draft and lodge the complaint with the Commission and monitor its acceptance and notification to the respondent. Prepare a schedule of damages and attend conciliation; an agreement reached there is recorded, filed with the tribunal and enforceable as a tribunal order (s 164). If the complaint is not resolved, require referral within the time allowed, run the tribunal proceeding to hearing, and enforce or appeal the decision.
Key Legislation: Anti-Discrimination Act 1991 (Qld) - s 7 (attributes), ss 10-11 (direct and indirect discrimination), ss 118-119 (sexual harassment), s 124A (vilification), s 133 (vicarious liability, with a defence where the respondent proves it took reasonable steps to prevent the contravention), s 138 (1-year limit), ss 139-140 (rejecting complaints), s 144 (orders protecting the complainant before referral), s 164 (conciliation agreements), ss 164A-167 (referral), s 175 (referred complaints made out of time), ss 189-190 (settlement and interim orders in the tribunal), ss 204-205 (burden of proof), ss 209-210 (orders and dismissal). Some amendments made by the Respect at Work and Other Matters Amendment Act 2024 (Qld) have commenced and others are not yet in force, so always read the current version. Queensland Civil and Administrative Tribunal Act 2009 (Qld) - s 43 (representation), ss 100 and 102 (costs), ss 131-132 (enforcement), ss 142-143 (appeals). Where the complaint involves workplace conduct, the Fair Work Act 2009 (Cth) general protections provisions may provide an alternative avenue.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Anti-Discrimination Complaint (Complainant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Employment Law cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
Identify the protected attribute under s 7 of the Anti-Discrimination Act 1991, map all incidents, confirm discrimination type and area of activity, assess Fair Work Act overlap, and verify the 12-month filing deadline.
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Compile documentary evidence, prepare a detailed incident chronology, identify comparator evidence for direct and indirect discrimination claims, obtain witness statements, and assess vicarious liability under s 133.
Draft the complaint detailing the respondent, contraventions, protected attribute, area of activity, and remedy sought. Lodge with the Queensland Human Rights Commission.
Receive QHRC acceptance, prepare a schedule of damages including financial and non-economic loss (historical range $5,000-$70,000+), and brief the client on the conciliation process.
Obtain the tribunal's determination, enforce compensation and corrective orders, and advise on appeal rights if the outcome is adverse.