Queensland Consolidated Acts

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ANTI-DISCRIMINATION ACT 1991 - SCHEDULE --

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 Anti-Discrimination Commission.

commissioner means the Anti-Discrimination 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.

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.

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.

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, in relation to a person, means that the person—

(a) identifies, or has identified, as a member of the opposite sex by living or seeking to live as a member of that sex; or
(b) is of indeterminate sex and seeks to live as a member of a particular sex.

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).

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 has the meaning given by the Industrial Relations Act 1999.

industrial relief means relief under the Industrial Relations Act 1999, chapter 3.

insurance includes—

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

lawful sexual activity means a person's status as a lawfully employed sex worker, whether or not self-employed.

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

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.

position includes a position as—

(a) a worker; or
(b) a partner.

public act see section 4A.

race includes—

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

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

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.

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.

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.

sexuality means heterosexuality, homosexuality or bisexuality.

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 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 under the Vocational Education, Training and Employment Act 2000; 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.


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