Need Help With Discrimination?
What is discrimination?
Every person deserves to be treated with dignity and respect. When an individual experiences discrimination, a range of reactions may be felt depending on previous life experiences or coping mechanisms that a person has developed over time. At QPP, our team can speak with you if you believe you have been subjected to HIV-related discrimination.
Discrimination is where a person with a certain characteristic is treated or proposed to be treated less favourably than a person without that characteristic in similar circumstances.
Discriminating against someone because of their HIV status is unlawful in Australia.
The Commonwealth and State Government’s have enacted anti-discrimination laws to help regulate unlawful discrimination.
We understand that making a complaint can be a confronting process. QPP has trained team members that can support you in this process, and we can refer you for specialist legal advice if needed. Talk to us.
Discrimination in Queensland
Discrimination is against the law in Queensland if it takes place because a person is treated less favourably because of the following characteristics:- Sex
- Relationship status
- Pregnancy
- Parental status
- Breast feeding
- Age
- Race
- Impairment
- Religious belief or religious activity
- Political belief or activity
- Trade union activity
- Lawful sexual activity
- Gender identity
- Sexuality
- Family responsibilities
- Association with/relation to a person who has one of these attributes.
- Direct Discrimination occurs when a person with a certain characteristic is treated less favourably than a person without that characteristic in the same or similar circumstances.An example would be where you have a hearing impairment and your educational facility says it’s too much trouble to provide your lecture notes in a suitable format.
- Indirect discrimination is where a rule or policy looks like it applies equally to everyone on the surface, but a person with a certain characteristic for some reason or another cannot comply with the rule. An example would be where an employer has a policy of not letting any staff work part time. People with children or family responsibilities could be disadvantaged. If this policy or rule is deemed “not reasonable” it may be indirect discrimination. The Act states that whether a term is reasonable depends on examining all the circumstances including the consequences for people who can’t comply, the cost of alternatives and the financial situation of the person imposing the policy/practice.
Commonwealth (Federal) Discrimination
The Commonwealth Government has also created anti-discrimination laws, which are administered by Commonwealth Agencies. The most pertinent for PLHIV is the Disability Discrimination Act which is administered by the Human Rights Commission.Under this act, the definition of ‘disability’ is interpreted broadly to include the presence in the body of disease-causing organisms such as HIV. The Act prohibits discrimination in the provision of goods, services and facilities, accommodation, buying or selling property, membership of clubs, sport and administration of Commonwealth programs. Similar to State laws on discrimination, there are exemptions to discriminatory conduct.
If Commonwealth and State laws apply, you can choose which law you want to lodge your complaint under. You cannot lodge your complaint under both the Commonwealth and State Law. If you start your complaint under the State law you cannot decide later to move your complaint under a Commonwealth law. However, you can start under Commonwealth law and later decide to move to State law.
Making a complaint
If you wish to submit a complaint, it must be in writing by the person who was directly affected by the behaviour (or an agent) and sent to the appropriate Human Rights Commission.There are a few options you can take before submitting a claim including steps to resolve the issue with the organisation or person.
The Queensland Human Rights Commission provides the following useful steps:
- Tell the person concerned that their behaviour is not acceptable and must stop;
- Get more information before deciding what to do:
- Contact a manager, human resource manager or equity contact officer within the organisation;
- Contact a trade union for advice;
- Seek legal advice; or
- Call the Anti-Discrimination Commission Queensland on 1300 130 670 for more information.
- Make an internal complaint within the organisation;
- Make an external complaint;
- Queensland Human Rights Commission on 1300 130 670. We can explain the process to resolve a complaint through conciliation. The Commission complaint resolution service is free;
- Australian Human Rights Commission in Sydney on 1300 369 711; or
- Fair Work Commission on 1300 799 675; or
- If you are complaining about something that happened at work in the public service in Queensland, call the Queensland Industrial Relations Commission on 1300 592 987.
We understand that making a complaint can be a confronting process. QPP has trained team members that can support you in this process, and we can refer you for specialist legal advice if needed.
Disclaimer
This information is NOT intended as a substitute for legal advice. The information contained is for educational purposes only. Please note that each Australian State and Territory has different laws. Refer to state based PLHIV organisations for further information.
Help end HIV stigma
Stigma is a challenge for all people with HIV, but there are things you can do to help, no matter your status.
HIV Disclosure and the law
There is no specific law regarding HIV disclosure in Queensland, but there are laws you should understand.
Our trained team is here to help you should you have any questions or need support. You can call for free from a Queensland land-line on 1800 636 241 or call (07) 3013 5555 (national). You can also email us or use the contact form or the chat function in the corner of our website.
