An Act to amend the Anti-Discrimination Act 1991, the Corrective Services Act 2006, the Criminal Code and the Human Rights Act 2019 for particular purposes
The Parliament of Queensland enacts—
This Act may be cited as the Strengthening Protections for Queensland Workers Amendment Act 2026.
Part 2 Amendment of Anti-Discrimination Act 1991
This part and schedule 1 amend the Anti-Discrimination Act 1991.
(1)Long title, ‘equality of opportunity’—
omit, insert—equal opportunity and equitable outcomes
(2)Long title, after ‘harassment’—
insert—, harassment on the basis of sex
(1)Preamble, paragraph 7, ‘equality of opportunity’—
omit, insert—equal opportunity and equitable outcomes
(2)Preamble, paragraph 7, after ‘harassment’—
insert—, harassment on the basis of sex
5Amendment of s 6 (Act’s anti-discrimination purpose and how it is to be achieved)
Section 6(1), ‘equality of opportunity’—
omit, insert—equal opportunity and equitable outcomes
6Amendment of s 7 (Discrimination on the basis of certain attributes prohibited)
(1)Section 7(c), after ‘pregnancy’—
insert—or potential pregnancy
(2)Section 7(n)—
omit, insert—(n)sexual orientation;(3)Section 7(p)—
omit, insert—(p)family, carer or kinship responsibilities;(pa)subjection to domestic or family violence;(pb)homelessness;(pc)physical appearance;(pd)expunged conviction;(pe)irrelevant medical record;(4)Section 7—
insert—(r)a combination of 2 or more of any of the above attributes.(5)Section 7(pa) to (r)—
renumber as section 7(q) to (w).
7Amendment of s 8 (Meaning of discrimination on the basis of an attribute)
Section 8—
insert—(2)Also, discrimination on the basis of an attribute of a person who has 2 or more attributes includes discrimination in relation to—(a)any of the attributes; or(b)2 or more of the attributes; or(c)the combined effect of 2 or more of the attributes.
Sections 10 and 11—
omit, insert—10Meaning of direct discrimination
(1)Direct discrimination on the basis of an attribute happens if a person treats, or proposes to treat, another person unfavourably because the other person has an attribute.(2)For subsection (1), it does not matter—(a)whether the person’s attribute is only 1 of the reasons for the unfavourable treatment; or(b)whether the person who discriminates considers the treatment is unfavourable.11Meaning of indirect discrimination
(1)Indirect discrimination on the basis of an attribute happens if a person imposes, or proposes to impose, a condition, requirement or practice that—(a)has, or is likely to have, the effect of disadvantaging another person because the other person has an attribute; and(b)is not reasonable.(2)Creating an environment in which a person with an attribute is disadvantaged is taken to be imposing a condition, requirement or practice under subsection (1)(a).(3)For subsection (1), the person imposing or proposing to impose the condition, requirement or practice has the onus of proving, on the balance of probabilities, the condition, requirement or practice is reasonable.(4)In deciding whether a condition, requirement or practice is reasonable, the following matters may be considered—(a)the nature and extent of the disadvantage resulting from the imposition, or proposed imposition, of the condition, requirement or practice;(b)whether the disadvantage is proportionate to the result sought by the person who imposes, or proposes to impose, the condition, requirement or practice;(c)whether any adjustment could be made to the condition, requirement or practice to reduce the disadvantage caused;(d)whether there is an alternative condition, requirement or practice that would achieve the result sought by the person imposing, or proposing to impose, the condition, requirement or practice and would result in less disadvantage;(e)the cost of any adjustment or any alternative condition, requirement or practice;(f)the financial circumstances of the person imposing, or proposing to impose, the condition, requirement or practice;(g)any other relevant matter.11AWhen does a person discriminate against another person
(1)A person discriminates against another person if the person directly or indirectly discriminates against the other person on the basis of an attribute.(2)For subsection (1), it does not matter—(a)whether the discrimination is only direct discrimination, only indirect discrimination or both direct discrimination and indirect discrimination; or(b)whether the person who discriminates is aware of the discrimination; or(c)whether the discrimination happens because the person does an act or makes an omission.(3)Also, a person’s motive for discriminating against another person is irrelevant.
9Amendment of s 19 (Discrimination by industrial, professional, trade or business organisation in pre-membership area)
Section 19(2), from ‘if’ to ‘applies’—
omit, insert—under the Industrial Relations Act 2016, chapter 12, part 9, division 2 or part 10
10Amendment of s 20 (Discrimination by industrial, professional, trade or business organisation in membership area)
Section 20(2), from ‘if’ to ‘applies’—
omit, insert—under the Industrial Relations Act 2016, chapter 12, part 9, division 2 or part 10
11Amendment of s 21 (Discrimination by qualifying body in pre-qualification area)
(1)Section 21, from ‘extend’ to ‘business’—
omit, insert—extend a professional, trade or business qualification or authorisation
(2)Section 21(a) and (b), before ‘qualification’—
insert—professional, trade or business
12Amendment of s 22 (Discrimination by qualifying body in qualification area)
(1)Section 22, from ‘extend’ to ‘business’—
omit, insert—extend a professional, trade or business qualification or authorisation
(2)Section 22(a), (b) and (c), before ‘qualification’—
insert—professional, trade or business
13Replacement of s 106 (Acts done in compliance with legislation etc.)
Section 106—
omit, insert—106Compliance with legislation or court or tribunal orders
A person may discriminate against another person if the discrimination is necessary to comply with—(a)another Act or an Act of the Commonwealth; or(b)an order of a court or tribunal.
14Amendment of ch 3, hdg (Sexual harassment prohibited by this Act (complaint))
Chapter 3, heading, after ‘harassment’—
insert—and harassment on the basis of sex
15Replacement of ch 3, pt 1, hdg (Act’s freedom from sexual harassment purpose)
Chapter 3, part 1, heading—
omit, insert—
16Amendment of s 117 (Act’s freedom from sexual harassment purpose and how it is to be achieved)
(1)Section 117, heading, after ‘harassment’—
insert—and harassment on the basis of sex
(2)Section 117(1), from ‘equality’—
omit, insert—equal opportunity and equitable outcomes for everyone by protecting them from sexual harassment and harassment on the basis of sex.
(3)Section 117(2)(a), after ‘harassment’—
insert—and harassment on the basis of sex
(4)Section 117(2)(b), after ‘harassed’—
insert—or harassed on the basis of sex
17Amendment, relocation and renumbering of s 120 (Meaning of relevant circumstances)
(1)Section 120, after heading—
insert—(1)This section applies in relation to determining whether conduct of a person constitutes sexual harassment or harassment on the basis of sex of another person.(2)Section 120—
relocate to part 1 and renumber as section 117A.
18Insertion of new ch 3, pt 3
Chapter 3—
insert—120Meaning of harassment on the basis of sex
(1)Harassment on the basis of sex happens if a person—(a)engages in unwelcome conduct of a demeaning nature in relation to another person; and(b)engages in the conduct on the basis of—(i)the other person’s sex; or(ii)a characteristic that a person of the other person’s sex generally has; or(iii)a characteristic that is often imputed to a person of the other person’s sex; or(iv)a sex the other person is presumed to be, or to have been at any time, by the person engaging in the conduct; or(v)a sex the other person has been, even if the person is not that sex at the time of the conduct; and(c)engages in the conduct—(i)with the intention of offending, humiliating or intimidating the other person; or(ii)in circumstances where a reasonable person would have anticipated the possibility that the other person would be offended, humiliated or intimidated by the conduct.(2)For subsection (1), it does not matter whether the other person’s sex is only one of the reasons for the person engaging in the conduct.120A Relationship with other conduct
To remove any doubt, it is declared that this part does not limit any other provision of this Act that prohibits conduct of a person that is the same as or similar to conduct prohibited under division 2, whether the conduct is engaged in on the basis of, or in relation to, sex or any other attribute.120B Person conducting business or undertaking
A person conducting a business or undertaking must not harass on the basis of sex—(a)a worker in the business or undertaking; or(b)a person seeking work in the business or undertaking; or(c)any other person in connection with conducting the business or undertaking.120C Worker in business or undertaking
A worker in a business or undertaking must not harass on the basis of sex—(a)another worker in the business or undertaking; or(b)a person seeking work in the business or undertaking; or(c)any other person in connection with the person’s work in the business or undertaking.120D Other person dealing with business or undertaking
A person must not harass on the basis of sex—(a)a person conducting a business or undertaking; or(b)a worker in a business or undertaking.120E Industrial, professional, trade or business organisation
A member of an organisation of workers, employers, or people who carry on an industry, profession, trade or business must not harass on the basis of sex—(a)another member of the organisation; or(b)a person seeking membership of the organisation.A person who has power to grant, renew or extend a professional, trade or business qualification or authorisation must not harass on the basis of sex a person seeking the grant, renewal or extension of the qualification or authorisation.
19Amendment of s 121 (Act’s freedom from associated objectionable conduct purpose and how it is to be achieved)
Section 121(1), ‘equality of opportunity’—
omit, insert—equal opportunity and equitable outcomes
20Amendment of s 124 (Unnecessary information)
Section 124(2) to (4), and example—
omit, insert—(2)Subsection (1) does not apply to a request that is necessary to comply with—(a)another Act or an Act of the Commonwealth; or(b)an order of a court or tribunal.(3)It is a defence to a complaint about an alleged 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.
21Replacement of ch 4, pt 4 (Racial and religious vilification)
Chapter 4, part 4—
omit, insert—Part 4 Vilification on grounds of age, gender identity, impairment, race, religion, sex, sex characteristics or sexual orientation
124A References to attribute of a person
In this part, a reference to a person’s age, gender identity, impairment, race, religion, sex, sex characteristics or sexual orientation (a relevant attribute), in relation to conduct engaged in by a person, includes a reference to—(a)a characteristic that a person with the relevant attribute generally has; or(b)a characteristic that is often imputed to a person with the relevant attribute; or(c)a relevant attribute that a person is presumed to have, or to have had at any time, by the person engaging in the conduct; or(d)a relevant attribute that a person had, even if the person did not have it at the time the conduct was engaged in.(1)In this part, public act—(a)includes the following conduct—(i)any form of communication, including speaking, writing, displaying notices, playing of recorded material, broadcasting and communicating through social media and other electronic methods, to the public;(ii)any conduct, including actions and gestures and the wearing or display of clothing, signs, flags, emblems and insignia, observable by the public;(iii)the distribution or dissemination of any matter to the public; but(b)does not include the distribution or dissemination of any matter by a person to the public if the person does not know, and could not reasonably be expected to know, the content of the matter.(2)Conduct mentioned in subsection (1) may be a public act even if it happens on private land or in a place that is not ordinarily accessed by the general public.Examples of places for subsection (2)—
a place of work, an educational facility124C Hateful, reviling, seriously contemptuous or seriously ridiculing conduct
(1)A person must not, because of the age, gender identity, impairment, race, religion, sex, sex characteristics or sexual orientation of another person or a group of persons, engage in a public act that a reasonable person would consider hateful towards, reviling, seriously contemptuous of, or seriously ridiculing the other person or members of the group.(2)For subsection (1), reasonable person means a reasonable person who has the same age, gender identity, impairment, race, religion, sex, sex characteristics or sexual orientation as the other person or members of the group.(3)Subsection (1) does not make unlawful—(a)the publication of a fair report of a public act mentioned in subsection (1); or(b)the publication of material in circumstances in which the publication would be subject to a defence of absolute privilege in proceedings for defamation; or(c)a public act, done reasonably and in good faith, for academic, artistic, scientific or research purposes or for other purposes in the public interest, including public discussion or debate about, and expositions of, any act or matter.124D Inciting hatred, serious contempt or severe ridicule
(1)A person must not, in a public act, engage in conduct that is likely to incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the basis of the age, gender identity, impairment, race, religion, sex, sex characteristics or sexual orientation of the person or members of the group.See also the Criminal Code, section 52A.(2)Subsection (1) does not make unlawful—(a)the publication of a fair report of a public act mentioned in subsection (1); or(b)the publication of material in circumstances in which the publication would be subject to a defence of absolute privilege in proceedings for defamation; or(c)a public act, done reasonably and in good faith, for academic, artistic, scientific or research purposes or for other purposes in the public interest, including public discussion or debate about, and expositions of, any act or matter.
22Insertion of new ch 4, pt 5
Chapter 4—
insert—124E Work environment that is hostile on the basis of sex
(1)A person must not subject another person to a work environment that is hostile on the basis of sex.(2)A person (the first person) subjects another person (the second person) to a work environment that is hostile on the basis of sex if—(a)the first person engages in conduct in a place where the first person or second person, or both, work; and(b)the second person is at the place at the time or after the conduct is engaged in; and(c)a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the conduct would create a work environment that would be offensive, humiliating or intimidating to a person of the second person’s sex on the basis of—(i)the sex of the second person; or(ii)a characteristic that a person of the second person’s sex generally has; or(iii)a characteristic that is often imputed to a person of the second person’s sex.(3)For subsection (2), it does not matter whether the conduct would create a work environment that would be offensive, humiliating or intimidating to a person for 2 or more reasons, as long as 1 of the reasons is the person’s sex or a characteristic mentioned in subsection (2)(c)(ii) or (iii).(4)To remove any doubt, it is declared that this section does not limit any other provision of this Act that prohibits conduct of a person that is the same as or similar to conduct prohibited under this section, whether the conduct is engaged in on the basis of, or in relation to, sex or any other attribute.For section 124E(2)(c), the circumstances that are relevant in determining whether a reasonable person would have anticipated that conduct would create a work environment that would be offensive, humiliating or intimidating to a person include—(a)the seriousness of the conduct; and(b)whether the conduct was continuous or repetitive; and(c)the role, influence or authority of the person engaging in the conduct; and(d)any other relevant circumstance.
23Amendment of s 125 (Act’s freedom from associated highly objectionable conduct purpose and how it is to be achieved)
Section 125(1), ‘equality of opportunity’—
omit, insert—equal opportunity and equitable outcomes
24Amendment of s 130 (Meaning of victimisation)
Section 130(1)(a)(ii), from ‘an act’—
omit, insert—an act, or made an omission, that would amount to a contravention of the Act or the positive duty; or
After chapter 5B—
insert—131H Act’s positive duty purpose and how it is to be achieved
(1)One of the purposes of this Act is to promote equal opportunity and equitable outcomes for everyone by providing for the taking of positive action—(a)to prevent, as far as possible, contraventions of the Act; and(b)to help promote, as far as possible, the achievement of substantive equality.(2)The purpose is to be achieved by—(a)imposing a positive duty on certain persons to eliminate, as far as possible, discrimination, sexual harassment, harassment on the basis of sex and certain other objectionable conduct; and(b)providing for investigation into, and enforcement of, a person’s compliance with the positive duty under chapter 7, part 1A.A contravention of the positive duty is not a contravention of the Act for which a complaint may be made under chapter 7, part 1—see schedule 1, definition contravention.131I Duty to eliminate discrimination, sexual harassment, harassment on the basis of sex and other objectionable conduct
(1)This section applies to a person who, under chapter 2, 3, 4 or 5, must not engage in discrimination, sexual harassment, harassment on the basis of sex or other objectionable conduct.(2)However, this section applies to an individual only if the individual is a person conducting a business or undertaking.(3)The person must take reasonable and proportionate measures to eliminate the discrimination, sexual harassment, harassment on the basis of sex or other objectionable conduct as far as possible.(4)To remove any doubt, it is declared that the duty under subsection (3) does not limit, and applies to the person in addition to, the prohibitions applying to the person under chapter 2, 3, 4 or 5.See also the Human Rights Act 2019, section 58 for other obligations applying to a public entity under that Act.131J Deciding whether measure is reasonable and proportionate
In deciding whether a measure taken by a person to comply with the duty under section 131I(3) is reasonable and proportionate, the following matters must be considered—(a)the size, nature and circumstances of the person’s business or undertaking or operations;(b)the resources of the person, whether financial or otherwise;(c)the practicability and the cost of the measure;(d)the person’s business and operational priorities;(e)any other relevant matter.
26Amendment of s 132 (Act’s vicarious liability purpose and how it is to be achieved)
Section 132(1), ‘equality of opportunity’—
omit, insert—equal opportunity and equitable outcomes
27Amendment of ch 7, pt 1, hdg (What the Queensland Human Rights Commission may do)
Chapter 7, part 1, heading, from ‘Queensland’—
omit, insert—commission may do—complaints
28Amendment of s 134 (Who may complain)
(1)Section 134—
insert—(1A)However, for a complaint that wholly or partly relates to a work-related matter, a person’s agent for subsection (1)(b) can not be an employee or officer of, or acting for, an entity (other than a registered organisation) that purports to represent the industrial interests of employees or employers.(2)Section 134(5)—
insert—registered organisation means an organisation of employees or employers registered under the Industrial Relations Act 2016 or the Fair Work (Registered Organisations) Act 2009 (Cwlth).(3)Section 134(5), definition relevant alleged contravention, ‘section 124A’—
omit, insert—section 124C or 124D
(4)Section 134(5), definition relevant entity, ‘sexuality’—
omit, insert—sexual orientation
(5)Section 134(1A) to (5)—
renumber as section 134(2) to (6).
29Amendment of s 138 (Time limit on making complaints)
(1)Section 138(1), from ‘within’—
omit, insert—within 2 years after the alleged contravention of the Act (the complaint period).
(2)Section 138(2), from ‘more than’ to ‘of the Act’—
omit, insert—after the complaint period has ended
30Amendment of s 141A (Deferral of acceptance of complaint for out-of-time contravention)
Section 141A(1)(a)—
omit, insert—(a)a complaint relating to 2 or more alleged contraventions of the Act is made—(i)within the complaint period for at least 1 of the alleged contraventions (a within-time contravention); and(ii)after the complaint period for at least 1 of the alleged contraventions (an out-of-time contravention); and
31Replacement of ch 7, pt 1, div 2, hdg (The investigation process)
Chapter 7, part 1, division 2, heading—
omit, insert—
32Amendment of s 154A (Investigation of complaint)
Section 154A—
insert—(2)Part 1A, division 1, subdivision 2 applies in relation to the investigation.
Sections 155 and 156—
omit.
34Relocation and renumbering s 157 (Commissioner may obtain actuarial, statistical or other data)
Section 157—
relocate to chapter 7, part 1A, division 3 as inserted by this Act and renumber as section 173S.
35Replacement of ch 7, pt 1, div 3, hdg (The conciliation process)
Chapter 7, part 1, division 3, heading—
omit, insert—
36Relocation and renumbering of s 173 (Authentication of documents)
Section 173—
relocate and renumber as section 266A.
37Relocation and renumbering of s 174 (Judicial notice of commissioner’s signature)
Section 174—
relocate and renumber as section 266B.
38Insertion of new ch 7, pt 1A
After section 172—
insert—This subdivision does not apply in relation to a matter that is the subject of a complaint that the commissioner has accepted under section 141.See section 154A in relation to investigations of complaints.173A When commissioner must conduct investigation
The commissioner must conduct an investigation if—(a)requested to do so by the Minister; or(b)QCAT or the industrial relations commission becomes aware of circumstances that may constitute a contravention of the Act and refers the matter to the commissioner.173B When commissioner may conduct investigation
(1)The commissioner may conduct an investigation—(a)into a possible contravention of the Act against a class or group of persons discovered in the performance of the commission’s functions, if the matter is of public concern and the Minister agrees; or(b)relating to an allegation of an offence against this Act made to the commission; or(c)into a possible offence against this Act discovered in the performance of the commission’s functions.(2)Also, the commissioner may conduct an investigation into a person’s compliance with the positive duty if the commissioner suspects the person is not complying with duty.(3)Further, if the commissioner believes the investigation would help achieve the purposes of this Act, the commissioner may conduct an investigation into any matter relating to a contravention of the Act that is or is suspected to be systemic.(4)For subsection (3), a contravention of the Act is systemic if the contravention—(a)affects a class or group of persons; and(b)is continuous, repetitive or forms a pattern.173C Commissioner must notify person about investigation
(1)This section applies if an investigation under this subdivision relates to a particular person.(2)The commissioner must give the person written notice of the investigation.(3)The notice must invite the person to make submissions in relation to the investigation within a stated reasonable time.173D Application of subdivision
This subdivision applies in relation to an investigation under section 154A or subdivision 1.173E Conduct of investigation generally
(1)The commissioner may conduct an investigation in the way the commissioner considers appropriate.(2)In conducting an investigation under section 173Aor section 173B(1)(a), the commissioner has the same powers the commissioner has in dealing with a complaint about a contravention or alleged contravention of the Act.173F Power to require information or document
(1)This section applies if the commissioner believes a person may have information relevant to an investigation.(2)The commissioner may, by written notice, direct the person—(a)to give the commissioner the information within a stated reasonable time; or(b)to attend before the commissioner at a stated reasonable time and place to give the information to the commissioner.(3)For information in an electronic document, compliance with the direction requires the giving of a clear written reproduction of the information.(4)The person must comply with the direction unless the person has a reasonable excuse.Maximum penalty—100 penalty units.
(5)It is a reasonable excuse for the person to fail to comply with the direction because, for example, complying with the direction—(a)would require the person to disclose information that is subject to legal professional privilege; or(b)for an individual—might tend to incriminate the individual or make the individual liable to a penalty.(6)A person who attends before the commissioner under subsection (2)(b) is entitled to be paid by the commission an amount equivalent to the amount the person would receive under the Supreme Court of Queensland Act 1991 if the person’s attendance before the commissioner were attendance in a Magistrates Court as a witness.(7)In this section—information includes a document.After conducting an investigation under this subdivision, the commissioner may—(a)decide to take no further action; or(b)take any other action the commissioner may take under this Act in relation to the matter the subject of the investigation.Example of action for paragraph (b)—
After conducting an investigation relating to an offence against this Act under section 173B(1)(b) or (c), the commissioner may decide to start a proceeding under section 226 for the offence.(1)This section applies if the commissioner—(a)conducts an investigation under section 173Aor section 173B(1)(a) about a matter involving a contravention or alleged contravention of the Act; and(b)believes the matter can not be resolved by conciliation.(2)The commissioner may refer the matter to the tribunal as if it were a complaint.(3)If the commissioner refers the matter to the tribunal, the commissioner is, for the purposes of the relevant tribunal Act, the applicant.173I Action commissioner may take
(1)This section applies in relation to an investigation under section 173B(2) relating to a person’s compliance with the positive duty.(2)The commissioner may do 1 or more of the following—(a)help a person to whom the investigation relates to prepare an undertaking for the purposes of section 173J;(b)accept an undertaking from a person to whom the investigation relates under section 173J;(c)give a compliance notice to a person to whom the investigation relates under section 173L;(d)prepare a report about the investigation, and publish the report or give the report to the Minister, under section 173O.(1)If the commissioner considers the person has contravened, is contravening, or is likely to contravene the positive duty, the commissioner may accept a written undertaking from the person under which the person undertakes to take, to stop taking, or not to take, stated action to comply with the duty.(2)If the commissioner refuses to accept a written undertaking from the person, the commissioner must give the person a written notice stating the commissioner’s decision not to accept the undertaking and the reasons for the decision.(3)The commissioner and the person may agree to amend an undertaking at any time.(4)The commissioner may publish an undertaking under this section—(a)on the commission’s website; and(b)in any other way the commissioner considers appropriate.173K Compliance with undertaking
(1)This section applies if the commissioner has accepted an undertaking from a person under section 173J.(2)If the person fails to comply with the undertaking the commissioner may apply to the tribunal for an order under subsection (3).(3)If the tribunal is satisfied the person has failed to comply with the undertaking, the tribunal may make—(a)an order requiring the person to comply with the undertaking; and(b)any other order the tribunal considers appropriate.See the Industrial Relations Act 2016, section 544 in relation to enforcing orders of the industrial relations commission and the QCAT Act, section 132 in relation to enforcing orders of QCAT that are not monetary decisions.(4)If the person fails, or continues to fail, to comply with the undertaking after an order is made under subsection (3), the commissioner may withdraw the commissioner’s acceptance of the undertaking.(5)Before withdrawing the commissioner’s acceptance of the undertaking under subsection (4), the commissioner must give the person an opportunity to show, within a period of at least 14 days, to the commissioner’s satisfaction that the person is complying with the undertaking.(1)This section applies if—(a)after conducting the investigation, the commissioner considers the person has contravened, is contravening, or is likely to contravene the positive duty; and(b)either—(i)the person has not offered an undertaking acceptable to the commissioner in relation to the contravention or likely contravention; or(ii)the commissioner accepted an undertaking in relation to the contravention or likely contravention under section 173J but—(A)the person has failed to comply with the undertaking as required by an order under section 173K(3)(a); and(B)the commissioner has withdrawn the commissioner’s acceptance of the undertaking under section 173K(4).(2)The commissioner may issue a written notice (a compliance notice) to the person requiring the person to take, to stop taking, or not to take, stated action to comply with the positive duty.(3)The compliance notice must state—(a)the name of the person to whom the notice is issued; and(b)the basis on which the commissioner considers the person has contravened, is contravening, or is likely to contravene the positive duty; and(c)the nature of the contravention or likely contravention of the positive duty; and(d)the action the person is required to take, to stop taking, or not to take to comply with the positive duty; and(e)the time within which the person must comply with the notice; and(f)the further action the commissioner may take under this Act if the person does not comply with the notice; and(g)that the person may apply to the tribunal, under section 173N, for a review of the decision to issue the notice or the terms of the notice, and information about how and when the person may apply for the review under that section.173M Compliance with compliance notice
(1)This section applies if the commissioner has issued a compliance notice to a person under section 173L.(2)If the person fails to comply with the compliance notice, the commissioner may apply to the tribunal for an order under subsection (3).(3)If the tribunal is satisfied the person has failed to comply with the compliance notice, the tribunal may make—(a)an order requiring the person to comply with the notice; and(b)any other order the tribunal considers appropriate.See the Industrial Relations Act 2016, section 544 in relation to enforcing orders of the industrial relations commission and the QCAT Act, section 132 in relation to enforcing orders of QCAT that are not monetary decisions.173N Review of compliance notice
(1)This section applies if the commissioner issues a compliance notice to a person under section 173L.(2)The person may apply to the tribunal for a review of the issuing of the compliance notice or any term of the compliance notice—(a)within 28 days after receiving the compliance notice; and(b)as provided under the relevant tribunal Act.(3)In deciding an application for a review under subsection (2), the tribunal may—(a)confirm the compliance notice, with or without amendment; or(b)withdraw the compliance notice.(4)If the tribunal confirms the compliance notice, the tribunal must consider whether the time for complying with the compliance notice should be amended.(1)A report about the investigation—(a)may include the commissioner’s recommendations for dealing with the matter the subject of the report; and(b)must not include personal information about an individual unless the information has previously been published, or given for the purpose of publication, by the individual; and(c)must not include an adverse comment about an entity unless—(i)the entity has been given an opportunity to make submissions in relation to the adverse comment; and(ii)the submissions are fairly stated in the report.(2)For subsection (1)(c), an adverse comment does not include a statement that a respondent did not participate in resolving a complaint.(3)The commissioner may do either or both of the following—(a)publish a copy of the report—(i)on the commission’s website; and(ii)in any other way the commissioner considers appropriate;(b)give the report to the Minister.(4)If the Minister is given a report under subsection (3)(b), the Minister must table the report in the Legislative Assembly within 6 sitting days after the Minister receives the report.173P Action commissioner may take
(1)This section applies in relation to an investigation under section 173B(3).(2)The commissioner may prepare a report about the investigation, and publish the report or give the report to the Minister, under section 173Q.(1)A report about the investigation—(a)may include the commissioner’s recommendations for dealing with the matter the subject of the report; and(b)must not include personal information about an individual unless the information has previously been published, or given for the purpose of publication, by the individual; and(c)must not include an adverse comment about an entity unless—(i)the entity has been given an opportunity to make submissions in relation to the adverse comment; and(ii)the submissions are fairly stated in the report.(2)For subsection (1)(c), an adverse comment does not include a statement that a respondent did not participate in resolving a complaint.(3)The commissioner may do either or both of the following—(a)publish a copy of the report—(i)on the commission’s website; and(ii)in any other way the commissioner considers appropriate;(b)give the report to the Minister.(4)If the Minister is given a report under subsection (3)(b), the Minister must table the report in the Legislative Assembly within 6 sitting days after the Minister receives the report.The commission—(a)must issue guidelines about how persons may comply with the positive duty; and(b)may issue guidelines about any other matter relating to this Act.173S Publication of guidelines
The commission—(a)must publish any guidelines issued under this division on the commission’s website; and(b)may publish the guidelines in any other way the commission considers appropriate.
39Amendment of s 174A (Functions of QCAT)
(1)Section 174A—
insert—(aa)for contraventions of the positive duty, other than in relation to work-related matters—(i)to make orders under section 173K about compliance with undertakings accepted under 173J; and(ii)to make orders under section 173M about compliance with compliance notices issued under section 173L; and(iii)to review, under section 173N, decisions of the commissioner to issue compliance notices under section 173L or the terms of the notices;(2)Section 174A(e), ‘to (d)’—
omit, insert—to (e)
(3)Section 174A(aa) to (e)—
renumber as section 174A(b) to (f).
40Amendment of s 174B (Functions of industrial relations commission)
(1)Section 174B—
insert—(aa)for contraventions of the positive duty in relation to work-related matters—(i)to make orders under section 173K about compliance with undertakings accepted under 173J; and(ii)to make orders under section 173M about compliance with compliance notices issued under section 173L; and(iii)to review, under section 173N, decisions of the commissioner to issue compliance notices under section 173L or the terms of the notices;(2)Section 174B(e), ‘to (d)’—
omit, insert—to (e)
(3)Section 174B(aa) to (e)—
renumber as section 174B(b) to (f).
41Amendment of s 175 (Time limit on referred complaints)
(1)Section 175(1), from ‘more than’—
omit, insert—after the end of the complaint period for the alleged contravention of the Act to which the complaint relates.
(2)Section 175(2), from ‘more than’ to ‘contravention’—
omit, insert—after the end of the complaint period for the alleged contravention of the Act to which the complaint relates
After section 176—
insert—176A Representation—industrial relations commission
(1)This section applies to a proceeding for a complaint before the industrial relations commission.(2)A party to the proceeding, or a person ordered or permitted to appear or to be represented in the proceeding, may be represented in the proceeding only as provided under the Industrial Relations Act 2016, section 529.
43Amendment of s 223 (Contempt of commission)
Section 223(1), after ‘part 1’—
insert—or 1A
44Amendment of s 235 (Commission’s functions)
(1)Section 235(b)—
omit, insert—(b)to conduct investigations under section 154A and chapter 7, part 1A and, if appropriate, take action in relation to the investigations;(2)Section 235(d), after ‘purposes of’—
insert—and support compliance with
45Insertion of new ch 11, pt 11
Chapter 11—
insert—Part 11 Transitional provisions for Strengthening Protections for Queensland Workers Amendment Act 2026
In this part—amendment Act means the Strengthening Protections for Queensland Workers Amendment Act 2026.former, for a provision of this Act, means the provision as in force from time to time before the commencement of the provision in which the term is used.new, for a provision of this Act, means the provision as in force from the commencement of the provision in which the term is used.287Time limit for making complaint
(1)New section 138 does not apply in relation to an alleged contravention of the Act that happened more than 1 year before the commencement.(2)Former sections 138, 141A and 175 apply in relation to the alleged contravention.(3)This section does not affect—(a)the commissioner accepting a complaint about the alleged contravention under former section 138(2) or dealing with the complaint under former section 141A; or(b)the tribunal accepting a complaint about the alleged contravention under former section 175(2).288Existing complaints by unregistered industrial organisations
New section 134(2) does not apply in relation to a complaint made before the commencement.289 Burden of proof for complaints about pre-commencement conduct
(1)This section applies in relation to—(a)a complaint made before the commencement that, immediately before the commencement, had not been finally dealt with; or(b)a complaint made after the commencement in relation to an alleged contravention of the Act that happened before the commencement.(2)New sections 204 and 205 do not apply in relation to the complaint.(3)Former sections 204 to 206 continue to apply in relation to the complaint.(1)An investigation under section 154A or former section 155 started but not finished before the commencement may be continued and finished under this Act.(2)Chapter 7, part 1A, division 1, subdivision 2 applies in relation to the investigation.(3)For subsection (2), an investigation started under former section 155 is taken to have been started under chapter 7, part 1A, division 1, subdivision 1.291Existing directions for information or documents
Former section 156 continues to apply in relation to a direction given under that section before the commencement, as if the amendment Act had not been enacted.
46Amendment of sch 1 (Dictionary)
(1)Schedule 1, definitions family responsibilities, immediate family, race, relation and sexuality—
omit.(2)Schedule 1—
insert—complaint period, for an alleged contravention of the Act, see section 138(1).conduct includes making a statement, whether the statement is made orally or in writing.expunged conviction, in relation to a person, means a conviction of the person that has been expunged or extinguished, or whose effect has otherwise ended, under—(a)the Criminal Law (Historical Homosexual Convictions Expungement) Act 2017; or(b)a law of another State that provides for the same, or substantially the same, matter as the Act mentioned in paragraph (a).harassment on the basis of sex see section 120.homelessness, in relation to a person, includes the person not having adequate, safe and secure housing.irrelevant medical record, in relation to a person, means the person’s medical record, or a part of the person’s medical record, that is not directly relevant to the situation in which the record or part of the record is being considered.medical record, of a person, includes a record of applications or claims the person has made for compensation or other money to be paid under—(a)the workers’ compensation scheme under the Workers’ Compensation and Rehabilitation Act 2003; or(b)a similar scheme under another Act or a law of another State or the Commonwealth.person conducting a business or undertaking see the Work Health and Safety Act 2011, section 5.physical appearance, of a person, means—(a)the person’s weight, size or height; or(b)the presence of a birth mark or scar on the person’s face or body; or(c)any other characteristic of the person’s face or body—(i)that the person has because of another attribute of the person; or(ii)that is not freely chosen.positive duty means the duty under chapter 5C.potential pregnancy, in relation to a person, includes—(a)the person’s capability to become pregnant; and(b)the person’s expressed desire to become pregnant; and(c)the person’s likelihood, or perceived likelihood, to become pregnant; and(d)the person’s undergoing of a medical treatment or other procedure that procures, or attempts to procure, pregnancy in the person other than by sexual intercourse.professional, trade or business qualification or authorisation means a qualification or authorisation that (whether by itself or together with other qualifications or authorisations) is needed for, or facilitates, the practice of a profession or the carrying on of a trade or business.public act, for chapter 4, part 4, see section 124B.race includes—(a)colour; and(b)descent, ancestry or caste; and(c)ethnicity or ethnic origin; and(d)nationality or national origin; and(e)immigration or migration status.relation, of a person, means—(a)a person who is related to the person by blood, spousal relationship, adoption or a foster relationship; or(b)a person on whom the person is completely or mainly dependent; or(c)a person who is completely or mainly dependent on the person; or(d)a person who is a member of the same household as the person; or(e)if the person is an Aboriginal person—a person who, under Aboriginal tradition, is regarded as a relative of the person; or(f)if the person is a Torres Strait Islander person—a person who, under Island custom, is regarded as a relative of the person.sexual harassment see section 119.sexual orientation, of a person, means the person’s capacity, or lack of capacity, for emotional, affectional and sexual attraction to, or intimate or sexual relations with, persons of a different gender or the same gender or more than one gender.subjection to domestic or family violence, in relation to a person, means the person is or has been subject to domestic violence within the meaning given by the Domestic and Family Violence Protection Act 2012, section 8.trade union activity means any of the following activities—(a)being, or not being, a member of a registered employee organisation;(b)joining, not joining, or refusing to join a registered employee organisation;(ba)being represented by, or seeking to be represented by, a registered employee organisation;(c)establishing, or being involved in establishing, a registered employee organisation;(d)organising or promoting, or proposing to organise or promote, a lawful activity on behalf of a registered employee organisation;(e)encouraging, assisting or participating in, or proposing to encourage, assist or participate in, a lawful activity organised or promoted by a registered employee organisation;(f)not participating in, or refusing to participate in, a lawful activity organised or promoted by a registered employee organisation;(g)representing or advancing the views, claims or interests of members of a registered employee organisation.(3)Schedule 1, definition contravention, paragraph (b), after ‘harassment’—
insert—or harassment on the basis of sex
(4)Schedule 1, definition discriminate—
insert—See also section 11A.(5)Schedule 1, definition parent—
insert—(e)for an Aboriginal person—a person who, under Aboriginal tradition, is regarded as a parent of the person; and(f)for a Torres Strait Islander person—a person who, under Island custom, is regarded as a parent of the person.
Part 3 Amendment of Corrective Services Act 2006
This part amends the Corrective Services Act 2006.
48Amendment of s 319A (Definitions)
Section 319A, definition relevant person—
omit, insert—relevant person, in relation to an offender, means a person who may make a complaint under the Anti-Discrimination Act, section 134 about an alleged contravention of that Act committed by a person in relation to the offender.
49Amendment of s 319G (When treatment of offender by protected defendant is not direct discrimination)
Section 319G(1)—
omit, insert—(1)This section applies if a protected defendant treats, or proposes to treat, an offender unfavourably because the offender has an attribute.
50Amendment of s 319H (When term imposed on offender by protected defendant is not indirect discrimination)
(1)Section 319H(1)—
omit, insert—(1)This section applies if a protected defendant imposes, or proposes to impose, a term that has, or is likely to have, the effect of disadvantaging an offender because the offender has an attribute.(2)Section 319H(2), ‘section 11(1)(c)’—
omit, insert—section 11(1)(b)
(3)Section 319H(3), definition term—
omit, insert—term means condition, requirement or practice.
Part 4 Amendment of Criminal Code
This part amends the Criminal Code.
52Amendment of s 1 (Definitions)
(1)Section 1, definition sexuality—
omit.(2)Section 1—
insert—impairment see the Anti-Discrimination Act 1991, schedule 1.sexual orientation see the Anti-Discrimination Act 1991, schedule 1.
53Amendment of s 52A (Offence of serious racial, religious, sexuality, sex characteristics or gender identity vilification)
(1)Section 52A, heading—
omit, insert—52AOffence of serious vilification on grounds of age, gender identity, impairment, race, religion, sex, sex characteristics or sexual orientation
(2)Section 52A(1), ‘race, religion, sexuality, sex characteristics or gender identity’—
omit, insert—age, gender identity, impairment, race, religion, sex, sex characteristics or sexual orientation
(3)Section 52A(2)—
omit, insert—(2)In this section, public act—(a)includes the following conduct—(i)any form of communication, including speaking, writing, displaying notices, playing of recorded material, broadcasting and communicating through social media and other electronic methods, to the public;(ii)any conduct, including actions and gestures and the wearing or display of clothing, signs, flags, emblems and insignia, observable by the public;(iii)the distribution or dissemination of any matter to the public; but(b)does not include the distribution or dissemination of any matter by a person to the public if the person does not know, and could not reasonably be expected to know, the content of the matter.(3)Conduct mentioned in subsection (2)(a) may be a public act even if it happens on private land or in a place that is not ordinarily accessed by the general public.Examples of places for subsection (3)—
a place of work, an educational facility
54Amendment of s 52B (Circumstances of aggravation for particular offences)
Section 52B(1), ‘race, religion, sexuality, sex characteristics or gender identity’—
omit, insert—age, gender identity, impairment, race, religion, sex, sex characteristics or sexual orientation
55Amendment of s 52C (Prohibited symbols)
Section 52C(5), definition relevant group, ‘race, religion, sexuality, sex characteristics or gender identity’—
omit, insert—age, gender identity, impairment, race, religion, sex, sex characteristics or sexual orientation
Part 5 Amendment of Human Rights Act 2019
This part amends the Human Rights Act 2019.
57Amendment of sch 1 (Dictionary)
Schedule 1, definition discrimination, note, ‘sexuality’—
omit, insert—sexual orientation
Schedule 1 Other amendments of Anti-Discrimination Act 1991
1References to unfavourable treatment
Each provision mentioned in column 1 is amended by omitting the words mentioned in column 2 and inserting the words mentioned in column 3—
Column 1
Column 2
Column 3
Provision
Words omitted
Words inserted
section 15(1)(f)
treating a worker unfavourably in any way
subjecting a worker to any other detriment
section 15A(2)(d)
treating the worker unfavourably in any way
subjecting the worker to any other detriment
section 18(d)
treating another partner unfavourably in any way
subjecting another partner to any other detriment
section 20(1)(d)
treating a person unfavourably in any way
subjecting a person to any other detriment
section 22(c)
treating the other person unfavourably in any way
subjecting the other person to any other detriment
section 23(d)
treating a person seeking work or an employer seeking a worker unfavourably in any way
subjecting a person seeking work, or an employer seeking a worker, to any other detriment
section 39(d)
treating a student unfavourably in any way
subjecting a student to any other detriment
section 46(1)(d)
treating the other person unfavourably in any way
subjecting the other person to any other detriment
section 55(c)
treating the other person unfavourably in any way
subjecting the other person to any other detriment
section 57(c)
treating the other partner unfavourably in any way
subjecting the other partner to any other detriment
section 69(c)
treating the person unfavourably in any way
subjecting the person to any other detriment
section 71(c)
treating the other partner unfavourably in any way
subjecting the other partner to any other detriment
section 83(d)
treating the other person unfavourably in any way
subjecting the other person to any other detriment
section 95(e)
treating a member unfavourably in any way
subjecting a member to any other detriment
2Section 131D, ‘, 204 and 205’—
omit, insert—and 204