Queensland Consolidated Acts

ANTI-DISCRIMINATION ACT 1991 - SECT 124

124 Unnecessary information

(1) A person must not ask another person, either orally or in writing, to supply information on which unlawful discrimination might be based.

(2) Subsection (1) does not apply to a request that is necessary to comply with, or is specifically authorised by—

(a) an existing provision of another Act; or

(b) an order of a court; or

(c) an existing provision of an order or award of a court or tribunal having power to fix minimum wages and other terms of employment; or

(d) an existing provision of an industrial agreement under the repealed Industrial Relations Act 1999 ; or

(e) an order of QCAT or the industrial relations commission.

(3) It is a defence to a proceeding for a contravention of subsection (1) if the respondent proves, on the balance of probabilities, that the information was reasonably required for a purpose that did not involve discrimination.

(4) In this section—

"existing provision" means a provision in existence at the commencement of this section.

Example—

An employer would contravene the Act by asking applicants for all jobs whether they have any impairments, but may ask applicants for a job involving heavy lifting whether they have any physical condition that indicates they should not do that work.