Anti-Discrimination Tribunal Rule 1993

Queensland Anti-Discrimination Act 1991 ANTI-DISCRIMINATION TRIBUNAL RULE 1993 Reprinted as in force on 21 December 1993 (Rule not amended up to this date) Reprint No. 1 * This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See SIA s 56A(1)(a)(i) and SIR s 5 sch 3 * Minor differences in style between this reprint and another reprint with the same number are due to the conversion to another software program. The content has not changed.

Information about this reprint This rule is reprinted as at 21 December 1993. Minor editorial changes allowed under the provisions of the Reprints Act 1992 have been made to use aspects of format and printing style consistent with current drafting practice (s 35). See endnotes for details about when provisions commenced.

Queensland ANTI-DISCRIMINATION TRIBUNAL RULE 1993 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—PRE–HEARING PROCESS 4 Application for interim order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Reference from Commissioner to Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Copies of documents to be given to other parties . . . . . . . . . . . . . . . . . . . . . 5 7 Notice of preliminary conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Agreements resolving complaints to be in approved form . . . . . . . . . . . . . . 5 PART 3—HEARING PROCESS 9 Attendance at hearing and evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 10 Witness allowances and expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 11 Failure to comply with orders or directions . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 4—POST–HEARING PROCESS 12 Reasons for Tribunal’s decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13 Enforcement of orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PART 5—TRIBUNAL’S POWERS 14 Tribunal may make orders and give directions . . . . . . . . . . . . . . . . . . . . . . . 7 PART 6—MISCELLANEOUS 15 Application for exemption from a provision of Act . . . . . . . . . . . . . . . . . . . 9 16 Applications for review of lapsed complaint. . . . . . . . . . . . . . . . . . . . . . . . . 9 17 Service of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

2 Anti-Discrimination Tribunal Rule 1993 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 11 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

s1 3 s3 Anti-Discrimination Tribunal Rule 1993 ANTI-DISCRIMINATION TRIBUNAL RULE 1993 [reprinted as in force on 21 December 1993] PART 1—PRELIMINARY 1 Short title This rule may be cited as the Anti-Discrimination Tribunal Rule 1993 . 2 Definitions In this rule— “file” means file in the registry; “preliminary conference” means a conference ordered under section 180 of the Act; “proceeding” means a complaint, matter or application referred or made to the Tribunal under the Act; “referral report” , in relation to a complaint or matter referred to the Tribunal under the Act, means the Commissioner’s report relating to the Commissioner’s inquiries into the complaint or matter; “registry” means the office of the registrar. 3 Forms (1) The forms to be used for the purposes of this rule are the forms approved by the president. (2) A person may request the registrar to give the person a copy of a document setting out an approved form. (3) The registrar must promptly comply with the request.

s4 4 s5 Anti-Discrimination Tribunal Rule 1993 PART 2—PRE–HEARING PROCESS 4 Application for interim order (1) An application for an interim order under section 144 or 190 of the Act must— (a) be made in the approved form; and (b) be signed by, or on behalf of, the applicant; and (c) be filed; and (d) specify the order sought and the reasons for seeking the order. (2) However, if the Tribunal is satisfied that there are exceptional circumstances for doing so, it may accept and consider an oral application. (3) At least 2 clear days before an application is heard by the Tribunal, the applicant must give a copy of the application, and the documents in support of the application, to— (a) the respondent; and (b) if the applicant is not the Commissioner—the Commissioner. (4) However, if the Tribunal considers it is appropriate to do so, it may proceed to hear an application ex parte. (5) If the Tribunal makes an interim order, the applicant must promptly give a copy of the order to— (a) the respondent; and (b) any person to whom the Tribunal directs a copy of the order be given; and (c) if the applicant is not the Commissioner—the Commissioner. 5 Reference from Commissioner to Tribunal (1) This section applies if— (a) the Commissioner refers a matter to the Tribunal under section 155(5) of the Act; or (b) the Commissioner is required to refer a complaint to the Tribunal under section 166(1) of the Act; or

s6 5 s9 Anti-Discrimination Tribunal Rule 1993 (c) the Commissioner is requested to refer a complaint to the Tribunal under section 167(4) or (5) of the Act. (2) The Commissioner must file notice of the referral in the approved form and a referral report. (3) The referral report must not set out or describe anything said or done during a conciliation conference. 6 Copies of documents to be given to other parties If— (a) a matter has been referred by the Commissioner to the Tribunal under the Act; and (b) a preliminary conference has been ordered in the matter; the Commissioner must give a copy of the notice of referral and the referral report to the parties to the matter at least 2 days before the conference. 7 Notice of preliminary conference If the Tribunal orders a preliminary conference for a complaint, the registrar must, as soon as practicable after the order is made, give notice of the time, day and place fixed for the conference to the Commissioner and the parties to the proceeding. 8 Agreements resolving complaints to be in approved form An agreement mentioned in section 189 of the Act must be recorded in the approved form. PART 3—HEARING PROCESS 9 Attendance at hearing and evidence (1) This section applies if a party to a proceeding makes an application for an order under section 201 of the Act. (2) The party must make the application in the approved form.

s 10 6 s 12 Anti-Discrimination Tribunal Rule 1993 (3) If the Tribunal makes an order, the party must serve a copy of the order on the person about whom the order is made. (4) Service must be effected by giving the copy of the order to the person personally. (5) Within 7 days of service of the order, the person who effected service must endorse on a copy of the order the day of service. 10 Witness allowances and expenses A person who appears as a witness in a hearing of the Tribunal is to be paid the allowances and expenses that are payable under Schedule 2 to the Rules of the Supreme Court to a witness in a proceeding before the Supreme Court. 11 Failure to comply with orders or directions (1) This section applies if a party to a proceeding, without reasonable excuse, does not comply with this rule or an order or direction made or given by the Tribunal. (2) On the application of the Commissioner or another party to the proceeding, the Tribunal may make an order that it considers proper, including, for example, an order dismissing a complaint. PART 4—POST–HEARING PROCESS 12 Reasons for Tribunal’s decision If the Tribunal publishes its reasons for a decision in a proceeding, the registrar must, as soon as practicable after the publication of the reasons, give a copy of the reasons to the Commissioner and the parties to the proceeding.

s 13 7 s 14 Anti-Discrimination Tribunal Rule 1993 13 Enforcement of orders (1) A person who wishes to enforce an order of the Tribunal under section 212 of the Act, may request the registrar to give the person a certified copy of the order in the approved form. (2) The registrar must promptly comply with the request. PART 5—TRIBUNAL’S POWERS 14 Tribunal may make orders and give directions (1) The Tribunal may make the orders and give the directions about the conduct of a proceeding that it considers appropriate. (2) Without limiting subsection (1), the Tribunal may make orders or give directions about any of the following matters— (a) the defining of the issues by statements of particulars, points of defence or otherwise; (b) discovery and inspection of documents; (c) the place, time and method of hearing; (d) the giving of evidence at a hearing, including, for example, whether the evidence of a witness is to be given orally or by affidavit, or in both ways; (e) admissions of fact; (f) the admission of documents. (3) 1 The Act also empowers the Tribunal to make orders and give directions about any of the following matters— (a) a person giving specified documents, or documents of a specified class, to the Tribunal; (b) a person giving specified information to the Tribunal in writing; (c) the joinder of parties to a proceeding; (d) amendment of a complaint by the complainant; 1 This subsection is included merely for information.

s 14 8 s 14 Anti-Discrimination Tribunal Rule 1993 (e) dealing with 2 or more complaints jointly if they arise out of substantially the same events; (f) a person making a written submission to the Tribunal; (g) an application by a complainant prohibiting a person from doing an act that might prejudice an order that the Tribunal might make after a hearing; (h) the attendance of a person at a hearing until excused; (i) whether or not all or part of a hearing should be conducted in private; (j) prohibiting the disclosure of the identity of a person who has been involved in a proceeding; (k) the non-publication of any oral or documentary evidence, except as directed by the Tribunal; (l) the use of interpreters; (m) a solicitor or counsel or an officer of the Commission appearing at a proceeding to assist the Tribunal; (n) the representation of a complainant or respondent before the Tribunal; (o) referral of a complaint to the Commissioner for an attempt at conciliation; (p) dealing with a complaint as a representative complaint; (q) amending a complaint so that the complaint can be dealt with— (i) as a representative complaint; or (ii) otherwise than as a representative complaint; (r) the conduct of a representative complaint; (s) the payment of reasonable costs.

s 15 9 s 17 Anti-Discrimination Tribunal Rule 1993 PART 6—MISCELLANEOUS 15 Application for exemption from a provision of Act An application for, or for the renewal of, an exemption mentioned in section 113 of the Act must— (a) be made in the approved form setting out— (i) the provision of the Act from which exemption is sought; and (ii) the period for which the exemption is sought; and (iii) the person, people or class of people for whom the exemption is sought; and (iv) a statement of the grounds on which the application is made; and (b) be signed by, or on behalf of, the applicant; and (c) be filed; and (d) be accompanied by a statement made by the applicant setting out particulars of the evidence in support of the application. 16 Applications for review of lapsed complaint (1) An application under section 169(3) of the Act to review the Commissioner’s decision that a complaint has lapsed must— (a) be made in writing; and (b) be accompanied by a statement made by the complainant setting out the reasons why the complaint should not lapse. (2) Within 7 days of making the application, the applicant must give a notice of the application in the approved form to the respondent and the Commissioner. 17 Service of documents (1) A document required to be given to a person under this rule may be given to— (a) an individual—

s 17 10 s 17 Anti-Discrimination Tribunal Rule 1993 (i) by giving it to the person personally; or (ii) by leaving it at, or by sending it by pre-paid post, facsimile or similar facility to— (A) if the person is represented by a solicitor—the address of the person’s solicitor; or (B) if the person is not represented by a solicitor—the address of the person’s place of residence or business last known to the person serving or giving the document; or (b) a body corporate—by leaving it at, or sending it by post, facsimile or similar facility to the head office, a registered office or a principal office of the body. (2) Nothing in subsection (1) affects the power of the Tribunal to authorise the giving of a document otherwise than as provided in the subsection.

11 Anti-Discrimination Tribunal Rule 1993 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. Future amendments of the Anti-Discrimination Tribunal Rule 1993 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present Key prev (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SIR SL sub unnum Explanation = previous = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 1992 = subordinate legislation = substituted = unnumbered

12 Anti-Discrimination Tribunal Rule 1993 4 List of legislation Anti-Discrimination Tribunal Rule 1993 SL No. 430 made by the Anti-Discrimination Tribunal on 14 September 1993 notfd Gaz 26 November 1993 pp 1483–6 commenced on date of notification exp 1 September 2004 (see SIA s 54) © State of Queensland 2005