Queensland Consolidated Acts

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ANTI-DISCRIMINATION ACT 1991 - SCHEDULE 1

SCHEDULE 1 – Dictionary


"accommodation" includes—

(a) business premises; and
(b) a house or flat; and
(c) a hotel or motel; and
(d) a boarding house or hostel; and
(e) a caravan or caravan site; and
(f) a manufactured home, or a site, under the Manufactured Homes (Residential Parks) Act 2003 ; and
(g) a camping site; and
(h) a building or construction site.

"advertisement" includes every form of advertisement or notice, however displayed, and whether or not displayed to the public, and includes, for example, an advertisement—
(a) in a newspaper or other publication; or
(b) by television or radio; or
(c) by display of notices, signs, labels or goods; or
(d) by distribution of samples, circulars, catalogues, price lists or other material; or
(e) by exhibition of pictures, models or films.

"affairs" , in relation to a club, has the meaning given by the Corporations Act , section 53 .

"agent" means a person who has actual, implied or ostensible authority to act on behalf of another.

"assistance dog" has the meaning given by the Guide, Hearing and Assistance Dogs Act 2009 , schedule 4 .

"attribute" means an attribute set out in section 7 .

"club" means an association that—
(a) is established for social, literary, cultural, political, sporting, athletic, recreational, community service or any other similar lawful purposes; and
(b) carries out its purposes for the purpose of making a profit.

"commission" means the Queensland Human Rights Commission established under section 234 (1) .

"commissioner" means the Human Rights Commissioner.

"committee of management" , in relation to a club or unincorporated association, means the group or body of people, by whatever name called, that manages the affairs of the club or association.

"complainant" means—
(a) in relation to a representative complaint—a person named in the complaint or otherwise identified in the complaint as a person on whose behalf the complaint is being made; or
(b) in relation to a complaint by a relevant entity under section 134 —the relevant entity; or
(c) otherwise—the person who is the subject of the alleged contravention of the Act .

"contravention" , in relation to the Act , means—
(a) unlawful discrimination; or
(b) sexual harassment; or
(c) conduct prohibited by chapter 4 or 5 .

"de facto partner" ...

"de facto spouse" ...

"direct discrimination" has the meaning given by section 10 .

"discriminate" means discriminate whether by direct discrimination or indirect discrimination.

"discrimination on the basis of an attribute" has the meaning given by section 8 .

"educational authority" means a person or body administering an educational institution.

"educational institution" means a school, college, university or other institution providing any form of training or instruction, and includes a place at which training or instruction is provided by an employer.

"EIS" , for chapter 5B , see section 131B .

"exclude" , in relation to a student, means expel.

"family responsibilities" , of a person, means the person’s responsibilities to care for or support—
(a) a dependant child of the person; or
(b) any other member of the person’s immediate family who is in need of care or support.

"fly-in fly-out worker" , for a large resource project, for chapter 5B , see section 131B .

"forced retirement" includes engaging in conduct with a view to causing a person to retire from particular work because of the person’s age.

"former Anti-Discrimination Tribunal" see section 220 (4) .

"gender identity" , of a person—
(a) is the person’s internal and individual experience of gender, whether or not it corresponds with the sex assigned to the person at birth; and
(b) without limiting paragraph (a) , includes—
(i) the person’s personal sense of the body; and
(ii) if freely chosen—modification of the person’s bodily appearance or functions by medical, surgical or other means; and
(iii) other expressions of the person’s gender, including name, dress, speech and behaviour.

"guide dog" has the meaning given by the Guide, Hearing and Assistance Dogs Act 2009 , schedule 4 .

"hearing dog" has the meaning given by the Guide, Hearing and Assistance Dogs Act 2009 , schedule 4 .

"human rights" has the meaning given by section 3 (1) of the Australian Human Rights Commission Act 1986 (Cwlth) .

"Human Rights and Equal Opportunity Commission" ...

"immediate family" , of a person, means—
(a) the person’s spouse or former spouse; or
(b) a child of the person or the person’s spouse or former spouse, including an exnuptial child, stepchild, adopted child, or past or present foster child of the person or the person’s spouse or former spouse; or
(c) a parent, grandparent, grandchild or sibling of the person or the person’s spouse or former spouse.

"impairment" , in relation to a person, means—
(a) the total or partial loss of the person’s bodily functions, including the loss of a part of the person’s body; or
(b) the malfunction, malformation or disfigurement of a part of the person’s body; or
(c) a condition or malfunction that results in the person learning more slowly than a person without the condition or malfunction; or
(d) a condition, illness or disease that impairs a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour; or
(e) the presence in the body of organisms capable of causing illness or disease; or
(f) reliance on a guide, hearing or assistance dog, wheelchair or other remedial device;
whether or not arising from an illness, disease or injury or from a condition subsisting at birth, and includes an impairment that—
(g) presently exists; or
(h) previously existed but no longer exists.

"indirect discrimination" has the meaning given by section 11 .

"industrial agreement" ...

"industrial relief" means relief under the Industrial Relations Act 2016 , chapter 8 , part 2 .

"insurance" includes—
(a) an annuity; and
(b) life assurance; and
(c) accident insurance; and
(d) illness insurance.

"IR Act" means the Industrial Relations Act 2016 .

"large resource project" , for chapter 5B , see section 131B .

"lawful sexual activity" ...

"Magistrates Courts’ district" means the district appointed under the Justices Act 1886 for the purposes of Magistrates Courts.

"marital status" ...

"member" ...

"nearby regional community" , for a large resource project, for chapter 5B , see section 131B .

"non-State school" ...

"non-State school authority" ...

"order" , of the tribunal, in relation to an agreement, the terms of which are recorded in a document filed under section 164 or 189 , means—
(a) if the document is filed with the industrial relations commission—a decision of the commission under the IR Act ; or
(b) if the document is filed with QCAT—a final decision of QCAT in a proceeding under the QCAT Act .

"out-of-time contravention" see section 141A (1) (a) (ii) .

"owner" , of a large resource project, for chapter 5B , see section 131B .

"parent" includes—
(a) step-parent; and
(b) adoptive parent; and
(c) foster parent; and
(d) guardian.

"parental status" means whether or not a person is a parent.

"parliamentary committee" means—
(a) if the Legislative Assembly resolves that a particular committee of the Assembly is to be the parliamentary committee under this Act—that committee; or
(b) if paragraph (a) does not apply and the standing rules and orders state that the portfolio area of a portfolio committee includes the commissioner—that committee; or
(c) otherwise—the portfolio committee whose portfolio area includes the department, or the part of a department, in which this Act is administered.

"position" includes a position as—
(a) a worker; or
(b) a partner.
principal contractor, for chapter 5B , see section 131B .

"public act" ...

"race" includes—
(a) colour; and
(b) descent or ancestry; and
(c) ethnicity or ethnic origin; and
(d) nationality or national origin.

"recruitment process" , for a large resource project, for chapter 5B , see section 131B .

"registrar" , of the tribunal, means the principal registrar of the tribunal.

"related body corporate" , for chapter 5B , see section 131B .

"relation" , in relation to a person, means relation to the person by blood, marriage, affinity or adoption, and includes a person who is wholly or mainly dependent on, or is a member of the household of, the first person.

"relationship status" means whether a person is—
(a) single; or
(b) married; or
(c) married to another person, but living separately and apart from the other person; or
(d) divorced; or
(e) widowed; or
(f) a de facto partner; or
(g) a civil partner.

"relevant tribunal Act" means—
(a) in relation to a work-related matter—the IR Act ; or
(b) in relation to any other matter—the QCAT Act .

"religious activity" means engaging in, not engaging in or refusing to engage in a lawful religious activity.

"religious belief" means holding or not holding a religious belief.

"resident" , of a nearby regional community, for chapter 5B , see section 131B .

"resource project" , for chapter 5B , see section 131B .

"respondent" , in relation to a complaint, means a person alleged in the complaint to have contravened the Act .

"services" includes—
(a) access to and use of any place, vehicle or facilities that members of the public are permitted to use; and
(b) banking and the supply of loans, finance or credit guarantees; and
(c) recreation, including entertainment, sports, tourism and the arts; and
(d) the supply of refreshments; and
(e) services connected with transport and travel; and
(f) services of any profession, trade or business; and
(g) services provided by a public or local government; and
(h) the provision of scholarships, prizes or awards;
but does not include—
(i) superannuation; or
(j) insurance.

"sex characteristics" , of a person, means the person’s physical features and development related to the person’s sex, and includes—
(a) genitalia, gonads and other sexual and reproductive parts of the person’s anatomy; and
(b) the person’s chromosomes, genes and hormones that are related to the person’s sex; and
(c) the person’s secondary physical features emerging as a result of puberty.

"sexuality" means heterosexuality, homosexuality or bisexuality.

"sex work activity"
(a) means the provision by an adult person of the following services for payment or reward—
(i) services that involve the person participating in a sexual activity with another person;
(ii) services that involve the use or display of the person’s body for the sexual arousal or gratification of another person; and
(b) includes being or having been a person who provides services mentioned in paragraph (a) .

"State" includes Territory.

"superannuation fund" means a superannuation or provident fund or scheme.

"superannuation fund conditions" , in relation to a superannuation fund, means the terms that relate to membership of, or benefits payable from, the superannuation fund.

"term" includes condition.

"tribunal" means—
(a) in relation to a work-related matter—the industrial relations commission; or
(b) in relation to any other matter—QCAT.

"work" includes—
(a) work in a relationship of employment (including full-time, part-time, casual, permanent and temporary employment); and
(b) work under a contract for services; and
(c) work remunerated in whole or in part on a commission basis; and
(d) work under a statutory appointment; and
(e) work under a work experience arrangement within the meaning of the Education (Work Experience) Act 1996 , section 4 ; and
(ea) work under a vocational placement; and
(f) work on a voluntary or unpaid basis; and
(g) work by a person with an impairment in a sheltered workshop, whether on a paid basis (including a token remuneration or allowance) or an unpaid basis; and
(h) work under a guidance program, an apprenticeship training program or other occupational training or retraining program.

"worker" , for a large resource project, for chapter 5B , see section 131B .

"work-related matter" means a complaint or other matter relating to, or including, work or the work-related area.



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