Queensland Anti-Discrimination Act Changes From 1 July 2025

From 1 July 2025, the Queensland Anti-Discrimination Act 1991 (the Act) will introduce new changes following extensive community consultation. This will include the most significant changes to this legislation in over 30 years:

• Introduction of a ‘Positive Duty’
• Expansion of protected attributes
• Changes to the definition of direct and indirect discrimination
• Other Changes

Positive Duty

A positive duty is an obligation on a business or undertaking to take all reasonable steps to prevent discrimination based on a protected attribute from occurring, as opposed to responding to a claim after it has occurred.

A ‘Positive Duty’ was also introduced into the Sex Discrimination Act 1984 (Cth) in December 2022 - Positive Duty | Preventing Workplace Sexual Harassment, however, this implementation of ‘positive duty’ is more expansive as it is the obligation to eliminate discrimination on the basis of all protected attributes within the Act.

A business or undertaking must implement ‘reasonable and proportionate’ steps to eliminate discrimination, sexual harassment, harassment based on sex, or other objectionable behaviour as far as is practicable. When determining what constitutes "reasonable and proportionate" actions, the following factors should be taken into account:

• The size, nature, and circumstances of the business, organisation, or operations.
• The resources available, including financial and other resources.
• The feasibility and cost of the measures.
• The organisation’s business and operational priorities.
• Any other relevant considerations.

Expansion of protected attributes

Protected attributes are generally based on:

1. Personal traits (i.e. race)
2. Protected beliefs (i.e. religious beliefs), or
3. Groups that experience high levels of stigma (i.e. sex work activity)

The changes commencing from 1 July 2025 will extend protection from discrimination (protected attribute) to:

• Victim-survivors of domestic and family violence
• Potential pregnancy
• People experiencing homelessness
• People with expunged criminal convictions
• Any irrelevant criminal
• Any irrelevant medical records
• People discriminated against because of their physical appearance (for example, their height, weight, size, birth marks, and other features).
  • It does not extend to characteristics freely chosen such as clothing, hairstyles, tattoos, piercings. However, it would be unlawful if the freely chosen characteristics relates to another protected attribute, such as their religious beliefs.

Additionally, ‘family responsibilities’ will expand to ‘Family, carer or Kinship responsibilities’. These changes may mean that caring responsibilities beyond immediate family will be covered. For example, caring responsibilities to a neighbour or friend.

Existing protected attributes still remain which include:

• Age
• Impairment
• Sex
• Race and religion
• Pregnancy, parental status, relationship status, family responsibilities, and breastfeeding
• Sexuality, gender identity, and sex characteristics
• Sex work activity
• Political belief or activity
• Trade union belief or activity
• Association with someone with one or more of these characteristics.

Changes to the definition of direct and indirect discrimination

The new definition of ‘Direct Discrimination’ will be amended to require treatment to be ‘unfavourable’ rather than ‘less favourable’ which removes the requirement for a comparator of what is less favourable.

• Direct discrimination on the basis of an attribute occurs if a person treats, or proposes to treat, another person unfavourably because the other person has an attribute. 

The new definition of ‘Indirect Discrimination’ will require the person seeking to impose the condition, requirement or practice (usually business or undertaking) has the onus of proving, on the balance of probabilities it is reasonable. Currently, it does not matter if the person who indirectly discriminates the treatment is unfavourable or is aware of the discrimination.

• Indirect discrimination on the basis of an attribute occurs if a person imposes (or proposes to impose) a condition, requirement or practice that:
  • has, or is likely to have, the effect of disadvantaging another person because the other person has an attribute; and
  • is not reasonable.

Other Changes

• There will be an introduction of reverse onus of proof on respondents, which means if there are facts that a respondent (usually a business or undertaking) has contravened the Act, it will be on the respondent to prove there was no contravention.
• Timeframe for a claimant to lodge a complaint with the Queensland Human Rights Commission (QHRC) extends from 12 months to 24 months.
• The QHRC has new powers to investigate and report on systemic discrimination, sexual harassment and vilification.
• The QHRC will gain powers to investigate compliance with the positive duty and where required to enforcement action.

Steps to prepare for the changes:

These changes mean businesses and undertakings will need to take action to prevent discrimination from happening instead of responding after they occur. Some suggested steps include:

• Training leaders and managers on what the new rules mean and how to implement relevant to your business
• Training employees to ensure they are aware of respectful behaviours, beyond a one-hour mandatory training session per annum
• Review policies and procedures
• Consider reviewing culture within the business – eg. is it one of a respectful nature

If you have any questions or require assistance preparing for these changes, please contact the MPAQ Advisory team on 07 3273 0800 or email advice@mpaq.com.au.