Legal Project Management Plan & Checklist
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.
Queensland, Australia. Conciliation is conducted by the Queensland Human Rights Commission (QHRC) under the Anti-Discrimination Act 1991 (QLD). Statements made during conciliation are confidential and cannot be used as evidence in subsequent proceedings.
Preparation begins with drafting a detailed schedule of damages covering financial loss (lost wages, medical and psychological treatment costs, future economic loss) and non-economic loss for hurt, humiliation, and distress - there is no statutory cap on compensation. Comparable QCAT and QIRC awards are researched to inform settlement expectations. Medical reports and financial loss evidence are compiled into a supporting bundle. A conciliation opening statement is drafted - factual and measured in tone, focused on the client's experience and desired outcomes. The client is briefed on the confidential and informal nature of the conference, the settlement parameters, and non-financial remedies available such as apology, written reference, policy changes, and preventative orders. A draft Deed of Settlement and Release is prepared in advance to expedite execution if terms are agreed. If settlement is reached, the Deed is executed, compliance with all financial and non-financial terms is monitored, and the Notice of Withdrawal of Complaint is lodged with the QHRC once all obligations are fulfilled.
Key legislation: Anti-Discrimination Act 1991 (QLD) - Part 7 (complaint procedures and mandatory conciliation process), s 209 (available remedies: compensation for financial loss, compensation for non-economic loss with no statutory cap, formal apology, preventative orders, corrective actions). Conciliation statements are confidential and inadmissible in subsequent proceedings. Deed of Settlement and Release - standard clauses: payment of compensation, confidentiality and non-disclosure, non-disparagement, non-admission of liability, mutual release and discharge, withdrawal of complaint on compliance, and consequences for breach. Compensation quantum: recent QCAT and QIRC awards for non-economic loss range from \,000 for minor incidents to \,000+ (Green v State of Queensland [2017] QCAT 008 - total award \,051 including \,000 for non-economic loss) to \,000+ (Golding v Sippel [2021] ICQ 14 - serious sexual harassment). The Richardson v Oracle Corporation Australia [2014] FCAFC 82 (Full Federal Court) decision has influenced upward movement in state tribunal awards.
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Draft the opening statement, compile a detailed schedule of damages, collate medical and financial evidence, and brief the client on the conciliation process and settlement parameters.
Attend the QHRC conciliation conference, negotiate settlement terms in accordance with client instructions, and execute a binding Deed of Settlement and Release.
Monitor payment of settlement funds, verify fulfilment of all non-financial terms (apologies, references, policy changes), and lodge the Notice of Withdrawal of Complaint with the QHRC.
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