Legal Project Management Plan & Checklist
Use this plan when your client (an employer, organisation, or individual) has received notification from the Queensland Human Rights Commission (QHRC) that a formal anti-discrimination complaint has been lodged against them. Open this plan immediately on receiving the notification - a document hold notice must be issued, insurers notified, and an internal investigation commenced promptly to build the statutory defence and preserve evidence. This plan has one fork: Respondent QCAT/QIRC Defence (for matters where conciliation fails and the complaint is referred to a tribunal for adjudication).
Queensland, Australia. Complaints are 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 Queensland Industrial Relations Commission (QIRC).
Use this fork when QHRC conciliation has failed and the complaint has been referred to QCAT (non-work matters) or QIRC (work-related matters) for formal adjudication. Open this fork immediately on receiving the referral notification - the Respondent's Contentions on Referral must be filed promptly, a Form 56 application for leave for legal representation in QCAT must be lodged with two photocopies and served within 7 days, and any time-bar jurisdictional objection must be raised at the outset.
The process begins with a conflict check, execution of the costs agreement, and issuance of a document hold notice covering HR files, emails, training records, CCTV, workplace policies, and the mandatory written sexual harassment prevention plan (required since 1 March 2025 under the Work Health and Safety Regulation 2011 (QLD)). Insurers are notified. An internal investigation is conducted. The complaint is analysed to identify the protected attribute, the type of discrimination alleged, and all applicable statutory defences. A time-bar analysis is conducted - if the complaint was filed outside the 12-month limitation period, submissions opposing acceptance are structured around the five Buderim Ginger factors. Vicarious liability exposure under s 133 is assessed against the Von Schoeler standard. The WHS written sexual harassment prevention plan is audited, as it forms the evidentiary core of the 'all reasonable steps' defence. A written response statement is drafted and filed with the QHRC. The respondent attends the mandatory conciliation conference and negotiates settlement or prepares for tribunal referral. A commercial settlement risk assessment is prepared covering compensation exposure (no statutory cap), legal costs of defending at tribunal, reputational considerations, and federal positive duty exposure under the Sex Discrimination Act 1984 (Cth).
Key legislation: Anti-Discrimination Act 1991 (QLD) - s 7 (protected attributes), s 10 (direct discrimination - comparator-based 'less favourable treatment' test, current law), s 11 (indirect discrimination), ss 118-119 (sexual harassment), s 124A (vilification), s 133 (vicarious liability - employer must prove it took 'all reasonable steps' to prevent the contravention), s 138 (12-month filing deadline and good cause extension, per Buderim Ginger Ltd v Booth [2002] QCA 177). Note: the Respect at Work and Other Matters Amendment Act 2024 (QLD) reforms (including state-based positive duty, 'unfavourable treatment' test for direct discrimination, and 24-month filing window) were paused indefinitely by the Crime and Corruption (Restoring Reporting Powers) and Other Legislation Amendment Act 2025 in April 2025 - the current ADA 1991 framework remains in force. Work Health and Safety Regulation 2011 (QLD) - mandatory written sexual harassment prevention plan from 1 March 2025. Sex Discrimination Act 1984 (Cth) - federal positive duty (Part IIA, AHRC enforcement active since 12 December 2023). QCAT Act 2009 (QLD) - s 100 (bear own costs default), s 102 (costs in interests of justice). Key cases: Von Schoeler v Allen Taylor and Company Ltd (No 2) [2020] FCAFC 13 (s 133 'all reasonable steps' - active policy dissemination, interactive training, prompt and unbiased complaint response required); Buderim Ginger Ltd v Booth [2002] QCA 177 (five-factor good cause test for out-of-time acceptance); Loquias v The Star Entertainment Group [2026] QIRC 023 (generic online training inadequate for s 133 defence); Golding v Sippel [2021] ICQ 14 ($158,702.60 awarded for serious sexual harassment). No statutory cap on compensation.
* 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 (Respondent) 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 |
Complete the client engagement process including conflict check, costs disclosure under the Legal Profession Act 2007 (Qld), document preservation notice, and notification of insurers.
Analyse the complaint, conduct an internal investigation, identify all applicable statutory defences and exemptions including time-bar analysis, assess vicarious liability exposure under s 133, and formulate the defence strategy.
Audit the client's WHS sexual harassment prevention plan compliance, assess federal positive duty exposure under the Sex Discrimination Act 1984 (Cth), compile the complete evidentiary package for the s 133 'all reasonable steps' defence, and prepare the comparator analysis for any direct discrimination allegations.
Draft and file a comprehensive written response statement with the QHRC addressing each allegation and setting out the respondent's defences, supported by WHS compliance evidence.
Represent the respondent at the QHRC conciliation conference, negotiate commercial settlement terms where appropriate, or prepare to defend the matter at tribunal.
If conciliation fails, assess the commercial and legal merits of defending at tribunal and prepare for the referral process. Implement remedial compliance actions regardless of outcome, including WHS prevention plan updates.
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