Legal Project Management Plan & Checklist
Use this plan when your client believes they have been discriminated against, sexually harassed, or subjected to vilification in Queensland and wants to make a formal complaint. Open this plan at the first consultation to verify the 12-month filing deadline (calculated from the date of the most recent act of discrimination), identify the protected attribute, classify the type of conduct, and assess whether the Fair Work Act general protections pathway may be a preferable or parallel avenue for workplace discrimination. This plan has three forks: Conciliation Conference Settlement (for matters that resolve at the QHRC stage), Referral to QCAT for Adjudication (for matters where conciliation fails and the complaint is referred to a tribunal), and Interim Injunction (for urgent matters where the respondent is about to take prejudicial action).
Queensland, Australia. Complaints are lodged with and initially managed by the Queensland Human Rights Commission (QHRC). If conciliation fails, non-work matters are referred to the Queensland Civil and Administrative Tribunal (QCAT) and work-related matters to the (QIRC).
Step-by-step checklist for preparing a QHRC conciliation conference under the Anti-Discrimination Act 1991 (QLD). Covers settlement negotiation and deed of release drafting.
Use this fork when QHRC conciliation has failed and the Notice of Unconciliated Complaint has been issued. The complainant has a strict 28-day window to request the Commissioner to refer the matter to QCAT (non-work matters) or QIRC (work-related matters) for adjudication. Missing this deadline may cause the complaint to lapse entirely - open this fork immediately on receipt of the Notice.
Use this fork when your client is facing imminent prejudicial action by the respondent - such as termination, eviction, suspension, or denial of a service - that would cause irreparable harm before the substantive discrimination complaint can be resolved. An urgent interim order under s 144 of the Anti-Discrimination Act 1991 (QLD) can be sought to preserve the status quo while the complaint proceeds.
The process begins with identifying the protected attribute under s 7 of the Anti-Discrimination Act 1991 (QLD) and classifying the conduct as direct discrimination (s 10), indirect discrimination (s 11), sexual harassment (ss 118-119), or vilification (s 124A). All incidents are mapped chronologically and vicarious liability of any employer is assessed under s 133. The complaint is lodged with the QHRC - there is no filing fee and no lawyer is required. The QHRC assesses and accepts the complaint within approximately 2 to 4 weeks, notifies the respondent, and assigns a dispute resolution officer. A mandatory conciliation conference is held approximately 3 to 6 months after lodgement. If conciliation fails, the QHRC issues a Notice of Unconciliated Complaint. The complainant must then request referral to QCAT or QIRC within 28 days. There are no filing fees in the QCAT Human Rights Division.
Key legislation: Anti-Discrimination Act 1991 (QLD) - s 7 (17 protected attributes including sex, race, age, impairment, gender identity, sexuality, and family responsibilities), s 10 (direct discrimination - less favourable treatment because of an attribute), s 11 (indirect discrimination - unreasonable term or condition causing disproportionate disadvantage), ss 118-119 (sexual harassment, applies in all spheres of life), s 124A (vilification - public act inciting hatred based on race, religion, sexuality, gender identity, or sex characteristics), s 133 (vicarious liability - employer liable unless it took 'all reasonable steps' to prevent the contravention), s 138 (12-month filing deadline, good cause extension per Buderim Ginger Ltd v Booth [2002] QCA 177), s 139 (QHRC acceptance criteria), s 144 (interim orders to maintain status quo), s 166 (referral to tribunal within 28 days of Notice of Unconciliated Complaint), s 209 (remedies including compensation with no statutory cap, apology, preventative orders). Note: the Respect at Work and Other Matters Amendment Act 2024 (QLD) was paused indefinitely by the Crime and Corruption (Restoring Reporting Powers) and Other Legislation Amendment Act 2025 in April 2025 - the 12-month filing limit and existing ADA 1991 provisions remain in force. Where the complaint involves workplace conduct, the Fair Work Act 2009 (Cth) general protections provisions (Part 3-1, s 361 reverse onus) may provide a preferable or parallel avenue - anti-double-dipping provisions in ss 725-733 generally prevent pursuing the same dismissal in both forums. Compensation awards: recent QCAT and QIRC decisions range from \,000 for minor incidents to \,000+ (Green v State of Queensland [2017] QCAT 008) to \,000+ (Golding v Sippel [2021] ICQ 14). The Richardson v Oracle Corporation Australia [2014] FCAFC 82 (Full Federal Court) has influenced upward movement in state tribunal awards.
* 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 L&E_LITIGATION cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
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.
No tasks defined for this stage yet.