Ten things

1. Version : September 2007 Ten things about fair treatment in Queensland Every one has the right to be treated fairly and the law supports this notion. Every state and territory in Australia has laws to uphold fairness. The law in Queensland is called the Queensland Anti-Discrimination Act 1991 There is also federal law which tries to ensure fair treatment. Federal laws include the: . Racial Discrimination Act 1975 . Sex Discrimination Act 1984 . Disability Discrimination Act 1992 . Age Discrimination Act 2004 . Human Rights and Equal Opportunity Commission Act 1986. Every one has the right to be treated fairly and the law supports this notion. Every state and territory in Australia has laws to uphold fairness. The law in Queensland is called the Queensland Anti-Discrimination Act 1991 There is also federal law which tries to ensure fair treatment. Federal laws include the: . Racial Discrimination Act 1975 . Sex Discrimination Act 1984 . Disability Discrimination Act 1992 . Age Discrimination Act 2004 . Human Rights and Equal Opportunity Commission Act 1986.

2. Version : September 2007 Anti-discrimination law gives people the right to be treated fairly (in some parts of their lives) Anti-discrimination laws in Queensland protect our human rights. The Queensland Anti-Discrimination Act 1991 protects people against unfair treatment by making some behaviour illegal. The law in Queensland protects people in most aspects of their ‘public’ lives. Public includes, for example, being at work, school or TAFE, or buying something, or travelling on public transport, or attending a function. It does not generally include life at home with family or friends. Fair treatment isn’t necessarily equal treatment. Sometimes, by treating everyone the same, some people are treated less fairly than others. For example, a business that employs only full-time workers may be treating people who want to work part-time unfairly, if, for example they have family responsibilities. There won’t be time to go into this in more detail. It’s important to be able to recognise unfair treatment, at least to the point of referring the person on to the Anti-Discrimination Commission for more information.Anti-discrimination laws in Queensland protect our human rights. The Queensland Anti-Discrimination Act 1991 protects people against unfair treatment by making some behaviour illegal. The law in Queensland protects people in most aspects of their ‘public’ lives. Public includes, for example, being at work, school or TAFE, or buying something, or travelling on public transport, or attending a function. It does not generally include life at home with family or friends. Fair treatment isn’t necessarily equal treatment. Sometimes, by treating everyone the same, some people are treated less fairly than others. For example, a business that employs only full-time workers may be treating people who want to work part-time unfairly, if, for example they have family responsibilities. There won’t be time to go into this in more detail. It’s important to be able to recognise unfair treatment, at least to the point of referring the person on to the Anti-Discrimination Commission for more information.

3. Version : September 2007 sex relationship or parental status race age impairment religious or political beliefs sexuality lawful sex work pregnancy breastfeeding family responsibilities gender identity union activity association with … The law says that if a person is treated unfairly because of one of these 16 grounds, it can be illegal. Sex – whether you’re male or female Relationship status – whether you’re single, married, separated, divorced, widowed or in a de facto relationship Parental status - whether or not you’re a parent (including step-parent), adoptive or foster parent, or guardian Race – includes colour, descent or ancestry, ethnic origin and nationality Age – unfair treatment because of your age Impairment – includes loss of bodily functions, malformations, conditions that result in learning difficulties, illness that impairs your thought processes, the presence in the body of organisms causing illness, or reliance on a guide dog, wheelchair or other remedial device. Religious belief/activity – whether or not a person holds a religious belief or engages in religious activity Political beliefs – having a political belief or engaging in political activity Sexuality – whether you’re heterosexual, gay, lesbian or bisexual Lawful sex work – your status as a lawfully employed sex worker Pregnancy – whether you are or are likely to become pregnant Breastfeeding – whether you are breastfeeding or expressing milk Family responsibilities – caring or supporting a member of the immediate family Gender identity - whether you identify as a member of the opposite sex by living or seeking to live as a member of that sex Union activity - engaging in trade union activity Association with… whether you’re treated unfairly because of your association with someone with any of the above attributesThe law says that if a person is treated unfairly because of one of these 16 grounds, it can be illegal. Sex – whether you’re male or female Relationship status – whether you’re single, married, separated, divorced, widowed or in a de facto relationship Parental status - whether or not you’re a parent (including step-parent), adoptive or foster parent, or guardian Race – includes colour, descent or ancestry, ethnic origin and nationality Age – unfair treatment because of your age Impairment – includes loss of bodily functions, malformations, conditions that result in learning difficulties, illness that impairs your thought processes, the presence in the body of organisms causing illness, or reliance on a guide dog, wheelchair or other remedial device. Religious belief/activity – whether or not a person holds a religious belief or engages in religious activity Political beliefs – having a political belief or engaging in political activity Sexuality – whether you’re heterosexual, gay, lesbian or bisexual Lawful sex work – your status as a lawfully employed sex worker Pregnancy – whether you are or are likely to become pregnant Breastfeeding – whether you are breastfeeding or expressing milk Family responsibilities – caring or supporting a member of the immediate family Gender identity - whether you identify as a member of the opposite sex by living or seeking to live as a member of that sex Union activity - engaging in trade union activity Association with… whether you’re treated unfairly because of your association with someone with any of the above attributes

4. Version : September 2007 When they are: at work in a shop, hotel or restaurant in accommodation using government services at school, TAFE or university at the doctor or dentist This is discrimination and can be against the law. . Work includes applying for a job, promotion, anything that happens at work, why and how a person might leave a job. It includes voluntary workers as well as trainees and apprentices. . Shops, hotels, restaurants are examples of ‘goods and services’. Others might include travelling in buses or taxis, going to the movies or a swimming pool or using bank, legal or medical services . Accommodation includes buying or renting a house or flat, using motels or caravan parks . Government services means using or trying to use any services offered by the government or a government agency . Education includes the above examples, and can involve issues such as enrolment, assessment or course content . Again, these are the ‘public’ parts of peoples’ lives. Work includes applying for a job, promotion, anything that happens at work, why and how a person might leave a job. It includes voluntary workers as well as trainees and apprentices. . Shops, hotels, restaurants are examples of ‘goods and services’. Others might include travelling in buses or taxis, going to the movies or a swimming pool or using bank, legal or medical services . Accommodation includes buying or renting a house or flat, using motels or caravan parks . Government services means using or trying to use any services offered by the government or a government agency . Education includes the above examples, and can involve issues such as enrolment, assessment or course content . Again, these are the ‘public’ parts of peoples’ lives

5. Version : September 2007 It can be illegal to behave in a sexual way (in relation to you) that is unwelcome and offends you. This is sexual harassment and can happen anywhere anytime. Sexual harassment is unwelcome conduct of a sexual nature in relation to you. It happens when a reasonable person would expect that you’d feel offended, humiliated or intimidated by the conduct. It has nothing to do with mutual attraction or friendship between people. When applying the reasonable person test, all the relevant circumstances of the situation are taken into account. This might include the sex, age or race of the other person, whether the other person has an impairment, and the relationship between them. Examples of sexual harassment can include lewd comments, smutty jokes, brushing against someone, asking for sex, emails or repeated requests for dates (especially after prior refusal). Some conduct may be sex discrimination eg offensive posters, cartoons, screen savers in the workplace. Sexual harassment is unwelcome conduct of a sexual nature in relation to you. It happens when a reasonable person would expect that you’d feel offended, humiliated or intimidated by the conduct. It has nothing to do with mutual attraction or friendship between people. When applying the reasonable person test, all the relevant circumstances of the situation are taken into account. This might include the sex, age or race of the other person, whether the other person has an impairment, and the relationship between them. Examples of sexual harassment can include lewd comments, smutty jokes, brushing against someone, asking for sex, emails or repeated requests for dates (especially after prior refusal). Some conduct may be sex discrimination eg offensive posters, cartoons, screen savers in the workplace.

6. Version : September 2007 It can be illegal to act in a public way that incites hatred for someone because of their race, religion, sexuality or gender identity. This is vilification. Four things must be shown for a vilification complaint to be accepted. .The act must be public. .The act must incite hatred (or serious contempt, or severe ridicule) towards a person or a group of people .because of their race, religion, gender identity or sexuality. Serious acts of vilification can be a criminal offence (threats of harm to people or property) Complaints of vilification can be made by organisations which represent the interests or welfare of a particular group. Four things must be shown for a vilification complaint to be accepted. .The act must be public. .The act must incite hatred (or serious contempt, or severe ridicule) towards a person or a group of people .because of their race, religion, gender identity or sexuality. Serious acts of vilification can be a criminal offence (threats of harm to people or property) Complaints of vilification can be made by organisations which represent the interests or welfare of a particular group.

7. Version : September 2007 It can be illegal to treat someone unfairly because they are involved in a complaint. This is victimisation. The Act protects people who: . Refuse to breach the Act . Make a complaint or intend to make one . Supply information or documents . Act as a witness or intend to Victimisation complaints are treated in the same way as other complaints. A complaint of victimisation can be successful even if the complaint that led to the victimisation isn’t.The Act protects people who: . Refuse to breach the Act . Make a complaint or intend to make one . Supply information or documents . Act as a witness or intend to Victimisation complaints are treated in the same way as other complaints. A complaint of victimisation can be successful even if the complaint that led to the victimisation isn’t.

8. Version : September 2007 People can make complaints about any of these things to the Anti-Discrimination Commission. This service is free. For a person to make a complaint, they’d need to show they’d been treated less fairly than someone else (in the same or similar circumstances) on the basis of one of the grounds covered under the Act, and in one of the areas. Sexual harassment can happen anywhere, anytime. Complaints can be lodged about more than one thing eg on the grounds of both race and age, or in more than one area eg at work and in accommodation. There’s no charge for making a complaint, but there may be a cost if people get legal or other advice. We assess the complaint to see whether it’s covered under the law. If it is, the usual process is to inform the person complained about, ask them for a response and organise a meeting between the people involved. The person complaining needs to include enough information to show there’s been a breach. This doesn’t mean ‘proof’ or ‘evidence’ in the legal sense, but there does need to be detail and information. If the complaint can’t be settled at the conciliation meeting, it might go to a more formal hearing before the Tribunal. For a person to make a complaint, they’d need to show they’d been treated less fairly than someone else (in the same or similar circumstances) on the basis of one of the grounds covered under the Act, and in one of the areas. Sexual harassment can happen anywhere, anytime. Complaints can be lodged about more than one thing eg on the grounds of both race and age, or in more than one area eg at work and in accommodation. There’s no charge for making a complaint, but there may be a cost if people get legal or other advice. We assess the complaint to see whether it’s covered under the law. If it is, the usual process is to inform the person complained about, ask them for a response and organise a meeting between the people involved. The person complaining needs to include enough information to show there’s been a breach. This doesn’t mean ‘proof’ or ‘evidence’ in the legal sense, but there does need to be detail and information. If the complaint can’t be settled at the conciliation meeting, it might go to a more formal hearing before the Tribunal.

9. Version : September 2007 If the complaint is covered by the law, those involved will usually be asked to meet to try to work something out. Not everything that seems unfair is covered by the law. Some bullying, for example, may not be covered. See notes from previous slide too. The meeting is called a conciliation conference. It is private and confidential, and the person handling the complaint (complaint handler) will run the meeting The complaint handler will make sure people get their chance to tell their side of the story, and will give everyone a chance to work things out. Some outcomes from these types of meetings include: apologies, money or some sort of compensation, training for staff or an agreement to do things differently in future. If the complaint isn’t resolved, it may be referred to the Tribunal, which is like a court. Here, the tribunal member will listen to evidence and will make a determination about the case on the basis of ‘balance of probabilities’. The tribunal can order costs. Some things not covered by the Act include: some types of bullying (those not based on race, sex, age etc), criminal record, weight, physical appearance, geographical location or wealth. Sometimes, if the conduct isn’t covered by our Act, we can refer people to other agencies such as the Human Rights and Equal Opportunity Commission (federal), the Health Quality and Complaints Commission (complaints about any health care or treatment, public or private), the Ombudsman (complaints about decisions of public sector agencies), Crime and Misconduct Commission (complaints about misconduct by people in government departments and agencies) etcSee notes from previous slide too. The meeting is called a conciliation conference. It is private and confidential, and the person handling the complaint (complaint handler) will run the meeting The complaint handler will make sure people get their chance to tell their side of the story, and will give everyone a chance to work things out. Some outcomes from these types of meetings include: apologies, money or some sort of compensation, training for staff or an agreement to do things differently in future. If the complaint isn’t resolved, it may be referred to the Tribunal, which is like a court. Here, the tribunal member will listen to evidence and will make a determination about the case on the basis of ‘balance of probabilities’. The tribunal can order costs. Some things not covered by the Act include: some types of bullying (those not based on race, sex, age etc), criminal record, weight, physical appearance, geographical location or wealth. Sometimes, if the conduct isn’t covered by our Act, we can refer people to other agencies such as the Human Rights and Equal Opportunity Commission (federal), the Health Quality and Complaints Commission (complaints about any health care or treatment, public or private), the Ombudsman (complaints about decisions of public sector agencies), Crime and Misconduct Commission (complaints about misconduct by people in government departments and agencies) etc

10. Version : September 2007 Two things to take away from this session: Being able to identify some conduct that might breach anti-discrimination law Referring people to the Anti-Discrimination Commission .Here’s a simple checklist to help with discrimination (from the penholder) Do you think it’s unfair treatment? Did it happen because of one of the grounds (in slide 3)? Did it happen in one of the areas (in slide 4)?Was the person disadvantaged as a result? Did it happen in the last year? If yes to all of the above, the conduct could be discriminatory and may be against the law. It might also be sexual harassment, vilification or victimisation. Refer people to us so we can talk to them further. .Here’s a simple checklist to help with discrimination (from the penholder) Do you think it’s unfair treatment? Did it happen because of one of the grounds (in slide 3)? Did it happen in one of the areas (in slide 4)?Was the person disadvantaged as a result? Did it happen in the last year? If yes to all of the above, the conduct could be discriminatory and may be against the law. It might also be sexual harassment, vilification or victimisation. Refer people to us so we can talk to them further.

11. Version : September 2007 Contact the Anti-Discrimination Commission Queensland on 1300 130 670 for more information. We have offices in Brisbane, Rockhampton, Townsville and Cairns. Check our website at www.adcq.qld.gov.au If you ring the Commission, you’ll talk directly to a person, not a machine. We answer every call. If you need an interpreter, we can organise one. We don’t have time limits for our calls – we’ll talk to you as long as we need to. We have complaint forms and brochures we can post to you. We have a range of other items you might be interested in – posters, stickers, magnets, balloons etc The complaint form and all our brochures are also available from the website. We run an extensive training program, in two forms. We can come to you if you have 8 or more people to train, or you can come to us for a range of half day courses on discrimination issues. Again, the website has all these details. If you ring the Commission, you’ll talk directly to a person, not a machine. We answer every call. If you need an interpreter, we can organise one. We don’t have time limits for our calls – we’ll talk to you as long as we need to. We have complaint forms and brochures we can post to you. We have a range of other items you might be interested in – posters, stickers, magnets, balloons etc The complaint form and all our brochures are also available from the website. We run an extensive training program, in two forms. We can come to you if you have 8 or more people to train, or you can come to us for a range of half day courses on discrimination issues. Again, the website has all these details.