Five key changes after review of Qld’s anti-discrimination laws

The state government is set to tighten Queensland’s decades old anti-discrimination laws, sparking a call for further consultation from one part of the community.

Queensland Attorney-General Shannon Fentiman says the state welcomes the opportunity to review anti-discrimination laws. Picture: Dan Peled / NCA NewsWire

A broad brush green light for religious bodies to discriminate against transgender, gay and unmarried people is set to be significantly tightened, with the state government confirming it will rewrite Queensland’s decades-old laws.

It would also become unlawful to discriminate against someone because of their sex characteristics, criminal record when irrelevant and physical features including weight, height and scars among others.

Attorney-General Shannon Fentiman on Monday confirmed the state government had supported in-principle the 122 recommendations of the Queensland Human Rights Commissioner’s landmark review into the Anti-Discrimination Act (1991).

Mark Spencer of Christian Schools Australia. Supplied

The QHRC’s review into the Anti-Discrimination Act was released in September 2022.

The state government released its formal response on Monday

Chief among the changes is a complete rewrite of the Act — something the state government has committed to doing before this term of government ends in October 2024.

Ms Fentiman said the report was an “opportunity” to work with community and put in new laws that ensure “all Queenslanders are protected from these reprehensible behaviours to the greatest extent possible”.

“There is no room in our society for discriminatory behaviour – or for victimisation, vilification, and sexual harassment,” she said.

“Significant legislation will be prepared that better protects our marginalised communities and individuals and strikes the right balance between competing rights and interests.”

Changes recommended — and supported in principle by the government — include narrowing an exception that allows religious bodies to discriminate against employees because of their sexuality, pregnancy, relationship status and gender identity.

Instead it would be made clear discrimination on the grounds of religious belief would be allowed in relation to working for a religious body if “reasonable and proportionate” and the person was directly involved in the teaching of the religion as part of the job.

Christian Schools Australia public policy director Mark Spencer said the proposed changes were a “radical reshaping of the law” impacting all Queenslanders.

He signalled the need for “further consultation” with Christian schools particularly with changes that affected employment of staff.

“There is much more work needed to ensure that the rights of Queensland parents are not trashed in this process,” Mr Spencer said.

More broadly discrimination is already prohibited on the grounds of 16 attributes like race, sex, gender identity, sexuality, religious belief and activity and disability.

The rewrite of the Anti-Discrimination Act would add five more attributes, including sex characteristics, criminal record when irrelevant, physical features including weight, height and scars, homelessness, or because they are subject to domestic or family violence.

The state government, in a statement, pointed out the law rewrite would mean victims of domestic and family violence would be better protected from discrimination when applying for a rental property and in the workplace.

The complaints system would also be enhanced to provide “better access to fair justice for marginalised members of the public”