Queensland Anti-Discrimination Complaints: From QHRC to QCAT - A Practitioner Guide

The Anti-Discrimination Act 1991 (Qld) establishes a comprehensive framework for addressing discrimination, sexual harassment, and vilification in Queensland. Unlike the federal system under the Australian Human Rights Commission Act 1986 (Cth), which feeds into the Federal Court or Federal Circuit and Family Court, the Queensland regime routes complaints through the Queensland Human Rights Commission (QHRC) and, if conciliation fails, to the Queensland Civil and Administrative Tribunal (QCAT). For practitioners representing complainants, understanding the procedural pathway from lodgment through to final hearing is essential to securing effective remedies.

The Queensland framework covers a broad range of prohibited conduct across employment, education, provision of goods and services, accommodation, and other areas of public life. The grounds of discrimination are set out in sections 7 to 11 of the Anti-Discrimination Act 1991, and include attributes such as race, sex, age, impairment, family responsibilities, gender identity, sexuality, religious belief, and trade union activity. Practitioners must identify the correct attribute and area of activity at the outset, as these determine the statutory basis for the complaint and the scope of available remedies.

This guide covers the key stages of the complaint process, from initial lodgment with the QHRC through conciliation and, where necessary, referral to QCAT for adjudication.

Grounds of Discrimination Under the Anti-Discrimination Act 1991

The Act prohibits both direct discrimination (section 10) and indirect discrimination (section 11). Direct discrimination occurs when a person treats, or proposes to treat, another person less favourably because of an attribute protected under the Act. Indirect discrimination occurs when a person imposes, or proposes to impose, a term, condition, or requirement that is not reasonable and with which persons with a protected attribute do not or are not able to comply. The distinction matters because indirect discrimination requires the additional element of unreasonableness, which shifts the evidential burden to the respondent.

In addition to direct and indirect discrimination, the Act prohibits sexual harassment (section 118), which covers unwelcome conduct of a sexual nature in circumstances where a reasonable person would have anticipated the possibility that the complainant would be offended, humiliated, or intimidated. The Act also addresses vilification on the basis of race, religion, sexuality, or gender identity under sections 124A and 131A, imposing a higher threshold that requires incitement of hatred, serious contempt, or severe ridicule.

Lodging a Complaint with the QHRC

A complaint must be lodged with the Queensland Human Rights Commission in writing, identifying the complainant, the respondent, the attribute relied upon, the area of activity, and the particulars of the alleged contravention. There is no prescribed form, but the QHRC provides a complaint form that ensures all necessary information is captured. The complaint must be lodged within one year of the alleged contravention under section 138 of the Anti-Discrimination Act 1991, although the Commissioner has discretion to accept late complaints where it is reasonable to do so.

Practitioners should prepare the complaint with the same rigour as a pleading. While the QHRC process is designed to be accessible, a well-drafted complaint that clearly identifies the statutory basis, the material facts, and the nexus between the protected attribute and the less favourable treatment significantly improves the prospects of the complaint being accepted and progressing to conciliation. The Queensland anti-discrimination complaint checklist includes specific tasks for complaint drafting and evidence gathering at the lodgment stage.

QHRC Assessment and Acceptance

Upon receipt, the QHRC assesses whether the complaint falls within the jurisdiction of the Anti-Discrimination Act 1991 and whether it discloses a possible contravention. The Commissioner may decline to accept a complaint under section 139 on various grounds, including that the complaint is frivolous, trivial, vexatious, or misconceived, or that the subject matter is more appropriately dealt with by another body. The Commissioner may also decline where the complaint has been adequately dealt with by another entity or where the complainant has not responded to requests for further information.

If the complaint is accepted, the QHRC notifies the respondent and provides them with a copy of the complaint. The respondent is invited to provide a written response. This exchange of information serves both to clarify the issues in dispute and to lay the groundwork for conciliation. Practitioners representing complainants should anticipate that the respondent's response will be shared with their client and prepare them accordingly.

The Conciliation Conference Process

Conciliation is the centrepiece of the QHRC complaint process. Under section 155 of the Anti-Discrimination Act 1991, the Commissioner must attempt to resolve accepted complaints by conciliation before they can be referred to QCAT. The conciliation conference is chaired by a conciliator appointed by the Commission and is conducted on a confidential, without-prejudice basis. Parties may attend with their legal representative, and the conciliator may hold joint sessions or meet with each party separately (shuttle conciliation).

For practitioners, the conciliation conference represents the best opportunity to resolve the matter without the cost, delay, and uncertainty of a QCAT hearing. Settlement at conciliation can include outcomes that QCAT cannot order, such as apologies, agreed policy changes, and creative remedies tailored to the complainant's specific circumstances. The conciliation conference settlement workflow provides the dedicated practitioner guide for preparing for and conducting the conciliation conference, including settlement authority preparation and negotiation strategy.

Referral to QCAT

If conciliation is unsuccessful, the complainant may request that the complaint be referred to the Queensland Civil and Administrative Tribunal under section 164A of the Anti-Discrimination Act 1991. The referral must be made within 28 days of the date on which the complainant is notified that conciliation has not resolved the complaint. This is a strict timeframe, and failure to request referral within the 28-day period will result in the complaint lapsing unless the complainant can obtain leave from QCAT.

Once referred, the matter proceeds before QCAT as a hearing de novo. The complainant bears the onus of proving the contravention on the balance of probabilities. QCAT proceedings are more formal than the QHRC conciliation process, with evidence given on oath or affirmation, cross-examination of witnesses, and the application of the rules of evidence (subject to QCAT's discretion to relax evidentiary requirements). Practitioners representing complainants in QCAT proceedings should note that respondents frequently retain experienced counsel at this stage and that thorough preparation is essential.

Practitioners acting for respondents should consult our anti-discrimination complaint respondent matter plan for the complete defence workflow, including response preparation, jurisdictional objections, and hearing strategy.

Available Remedies

If QCAT finds that a contravention has occurred, section 209 of the Anti-Discrimination Act 1991 confers broad remedial powers. The Tribunal may make any order it considers appropriate, including:

• Compensation for loss and damage (including economic loss, general damages for hurt, humiliation, and distress, and aggravated damages in serious cases)
• An order that the respondent not repeat or continue the contravening conduct
• An order requiring the respondent to perform a stated reasonable act to redress the loss or damage (such as reinstatement to employment)
• A declaration that the respondent's conduct constituted a contravention of the Act
• An order requiring the respondent to implement or revise policies, programs, or practices to prevent future contraventions
• An apology (where ordered by consent or as part of a broader remedial order)

Compensation awards in Queensland anti-discrimination matters have varied significantly depending on the nature and severity of the discrimination. General damages for hurt and humiliation typically range from modest amounts for isolated incidents to substantial awards in cases involving sustained discriminatory conduct, dismissal, or significant psychological harm. Practitioners should prepare detailed evidence of the complainant's losses, including medical evidence where psychological harm is alleged.

Using the Matter Plan

Navigating the Queensland anti-discrimination complaint process - from initial assessment of whether a contravention has occurred through QHRC lodgment, conciliation, and potential QCAT proceedings - requires careful attention to statutory timeframes, evidence preparation, and procedural requirements. Our Queensland anti-discrimination complaint complainant checklist provides the complete practitioner workflow with stage-by-stage tasks, deadline tracking, and practice notes for each phase of the complaint process.

For matters proceeding to conciliation, the conciliation conference settlement fork provides the dedicated workflow covering pre-conference preparation, settlement authority, negotiation strategy, and formalisation of settlement terms. For practitioners acting for the other side, the anti-discrimination complaint respondent plan covers the respondent's defence workflow from response lodgment through to hearing.