QLD
Legislation
The Anti-Discrimination Bill 2024 (QLD) introduces unnecessary ‘hateful conduct’ laws that could be easily weaponised by activists.
28 Genuine occupational requirements generally
- A person may discriminate against a person in relation to a position if the discrimination—
- is based on a genuine occupational requirement for the position: and
- is reasonable and proportionate in the circumstances
- using membership of a particular political party as a criterion for a position as an adviser to a political party or a worker in the office of a member of Parliament
- preferencing people on the basis of age for a peer support position in a service for children and young people
- Subsection (I) applies to discrimination in relation to any matter mentioned in subdivision I.
- This section does not apply in relation to a genuine occupational requirement mentioned in section 29(1)a().
- In this section—
position includes a position as-
- a worker; or
- a partner.
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29 Genuine occupational requirements for religious bodies
- A person may discriminate against another person on the basis of the other person’s religious belief or religious activity in relation to work for a religious body if—
- participation in the teaching, observance or practice of the religion concerned is a genuine occupational requirement of the work; and
- the other person cannot satisfy the genuine occupational requirement because of the other person’s religious belief or religious activity; and
- the discrimination is reasonable and proportionate in the circumstances.
- Subsection (1) applies to discrimination in relation to a matter mentioned in section 22(1)(a), (b) or (d) or (2)(c).
- To remove any doubt, it is declared that a person can not rely on subsection (1) to discriminate against another person on the basis of a protected attribute other than religious belief or religious activity.
Example for subsection (3)—
A person can not rely on subsection (1) to discriminate against another person on the basis of the other person’s relationship status.
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61 Roles in religious bodies
- This Act does not apply in relation to—
- the ordination or appointment of people as priests, ministers of religion or members of a religious order or to another religious role; or
- the training or education of people seeking ordination or appointment as priests, ministers of religion or members of a religious order or to another religious role; or
- the selection or appointment of people to perform functions in relation to, or otherwise participate in, any religious observance or practice.
- For subsection (1)(a) and (b), another religious role is a role within a religious body that
- is the same as, or similar to, the role of a priest, minister of religion or member of a religious order; or
- otherwise involves the propagation of the doctrines, tenets or beliefs of the religion concerned.
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