Media release — 11 October 2010

Fairness needed in work and play

Acting Anti-Discrimination Commissioner Neroli Holmes has called upon the Queensland government to repeal a provision of the Anti-Discrimination Act 1991 (the Act) that exempts not for profit associations from the anti-discrimination provisions of the Act when providing goods and services.

'Recreation is an important part of the Australian lifestyle. We all enjoy our recreational activities but unfortunately, the law does not set a level playing field to allow all to participate. A recent Tribunal case has made it clear that in Queensland, sporting and other recreational clubs are free to discriminate when providing goods and services' Ms Holmes said.

The recent decision handed down by QCAT, (in the case of Yohan v Queensland Basketball Incorporated) has made it clear that sporting and other 'not for profit' associations are free to discriminate in the provision of goods and services on any of the 16 grounds covered by the Act, including race, sex, age, disability, pregnancy, religion, sexuality and gender identity.

'In 2010, it is appropriate that associations that are such an integral part of our community should be covered by the prohibition of discrimination on all grounds under the Act' Ms Holmes said.

'Sport is all about fair play, playing by the rules, and having a fair go. Discrimination has no place in the sporting arena. The same can be said for all other social, cultural, recreational and community service associations. It is time for this unfair law to be changed' Ms Holmes said.

QCAT in making its decision did not examine or make any findings about whether or not the associations were involved in race discrimination or any other activity covered by the Act. The Anti-Discrimination Commission does not make any judgement or determination on whether or not the associations were involved in any discrimination or other activity covered by the Act.

Interviews: Acting Commissioner Neroli Holmes

Media contact: Mackayla Jeffries on 07 3247 0920 | TTY 1300 130 680

BACK TO MEDIA PAGE