Tribunal Guide

Anti-Discrimination Tribunal of Queensland : Your Guide

What is the Anti-Discrimination Tribunal?
What types of complaints can be heard by the Tribunal?
What happens when a complaint is referred to the Tribunal?
Privacy.
How is the final hearing conducted?
What are the powers of the Tribunal?
Can a person conduct their own case?
Costs.
Appeals.
Can a person get a record of the hearing?
More information
Contact details

What is the Anti-Discrimination Tribunal?

The Anti-Discrimination Tribunal hears complaints which have been referred to it by the Anti-Discrimination Commission.

The Tribunal is similar to a Court but its proceedings are less formal. The members of the Tribunal who hear complaints are experienced lawyers appointed by the Governor in Council.

What types of complaints can be heard by the Tribunal?

The Tribunal hears complaints of alleged breaches of the Anti-Discrimination Act 1991 ('the Act'). These include complaints of alleged discrimination, sexual harassment, victimisation, and race, religious, sexuality, and gender identity vilification.

What happens when a complaint is referred to the Tribunal?

The Registrar of the Tribunal sends the parties a copy of the Anti-Discrimination Commission’s referral report about the complaint.

The Tribunal makes directions about what steps the parties must take to prepare for a final hearing of the complaint. Directions may be given in a letter or at a directions hearing before the Tribunal. Directions are orders of the Tribunal and the parties must comply with them.

The directions may include orders that:

the Complainant file and serve points of claim setting out details of the complaint, the relevant sections of the Act alleged to have been breached; and the remedies sought;

the Respondent file and serve points of defence responding to the points of claim;

Each party file and serve witness statements from any witnesses who would give evidence at the final hearing. Witness statements may be ordered instead of, or in addition to, points of claim and points of defence.

All parties attend a conciliation conference to try and resolve the matter without going to hearing;

Each party lists all the documents they have that are relevant to the dispute and exchanges copies as needed;

A party needs to file documents in the Tribunal Registry and also serve them on the other parties by the due date.

The Tribunal Registry can provide examples of points of claim and defence or witness statements and information about the Tribunal’s procedures. The Registry cannot provide legal advice.

Privacy

Hearings are usually open to the public (including the media). Documents given to the Tribunal during a hearing can usually be inspected if requested. If the Tribunal provides a written decision, it is given to the parties and published on the internet.

The Tribunal can order that a hearing be held in private or that certain documents or a person’s identity be kept confidential, if a party applies for this to happen and the Tribunal considers there are good reasons for making such an order.

How is the final hearing conducted?

The Complainant presents their case first and calls their witnesses to give evidence. Each witness may then be questioned by the Respondent.

The Respondent then presents their case and calls their witnesses, who may be questioned by the Complainant.

The Tribunal is not bound by the rules of evidence and may receive information in any way it considers appropriate.

The Complainant and the Respondent each then give a closing address summarising their case.

The Tribunal may give its decision immediately, but usually adjourns to consider the evidence further and write the decision. The Registrar of the Tribunal will send that decision to the parties when it is ready.

What are the powers of the Tribunal?

The Tribunal can make one or more orders, including an order:

requiring the Respondent not to further breach the Act;

requiring the Respondent to pay compensation, including interest;

requiring the Respondent to employ or reinstate the Complainant;

declaring void any discriminatory agreements;

requiring the Respondent to make a public or private apology or retraction;

requiring the Respondent to implement training or other programs or

dismissing the complaint, if no discrimination or other breach of the Act occurred.

Can a person conduct their own case?

Yes they can. Parties can also ask the Tribunal for permission to be represented by a lawyer or agent. The Tribunal usually gives permission for lawyers to act as representatives.

If you want someone to represent you, the earlier you organise this, the easier it will be for your representative to prepare the case. You should talk to your representative about any fees they may charge.

Costs

There are no fees to run a case in the Tribunal.

However, the Tribunal may order that a losing party pays the winner’s reasonable costs.

Appeals

An appeal against a decision of the Tribunal can be made to the Supreme Court on a question of law within 28 days of the Tribunal’s decision.

Can a person get a record of the hearing?

The Tribunal usually engages the State Reporting Bureau to record final hearings. If the Tribunal has asked for the hearing to be transcribed (typed up), the parties will be provided with a copy of the transcript. Directions hearings are not usually recorded or transcribed.

A copy of the transcript may be purchased where the Tribunal has not asked for the hearing to be transcribed, or a person who is not a party wants a copy of the transcript. The Tribunal Registry will advise the cost of such transcript.

If a hearing has been closed to the public, the transcript will only be available to the parties directly concerned.

More information

More information about the Tribunal including:-

The Anti-Discrimination Act 1991

Decisions

Forms

Practice Directions

can be found on this website

Contact Details

Physical address : Level 1, 189 Coronation Drive, Milton Q 4064

Postal address : GPO Box 487, Brisbane Q 4001

Phone 07 3239 6408

Fax 07 3239 6397

TTY 07 3239 0718

This information is a guide only and is not legal advice.