Legal Project Management Plan & Checklist
Purpose of this Guide: Comprehensive practitioner roadmap for defending an anti-discrimination complaint from the respondent perspective in Queensland. Designed for labour and employment defence counsel, insurance lawyers, government solicitors, and HR advisers, this guide covers the full defence lifecycle from receipt of the QHRC complaint through to conciliation and preparation for tribunal proceedings. This plan reflects the current legislative landscape as of June 2026, including the indefinite pause of the Respect at Work and Other Matters Amendment Act 2024 (Qld) reforms and the active federal and WHS mandates that Queensland employers must comply with.
Legislative History: Queensland's anti-discrimination framework has undergone significant evolution since the Anti-Discrimination Act 1991 (Qld) commenced on 30 June 1992. The Act was one of Australia's earliest consolidated anti-discrimination statutes, replacing the patchwork of earlier enactments (the Discrimination in Employment Act 1983 and other fragmented protections). Major milestones include the 2002 addition of gender identity and sexuality as protected attributes, the 2019 restructure of the Anti-Discrimination Commission Queensland into the under the , the April 2024 transfer of 'serious vilification' offences to the with criminal penalties, and the passage of the in September 2024 - which was subsequently paused indefinitely by the Crisafulli LNP Government via the in April 2025.
Current Regulatory Landscape (June 2026): The Anti-Discrimination Act 1991 (Qld) continues to operate under its pre-reform parameters. The proposed RAW Act 2024 changes remain inactive, including the state-based positive duty, expansion of protected attributes, relaxation of the direct discrimination test to 'unfavourable treatment', and extension of the complaint filing window to 24 months. The complaint filing limit remains strictly 12 months (with 'good cause' extension under s 138, governed by ***Buderim Ginger Ltd v Booth [2002] QCA 177***). The comparator-based test for direct discrimination under s 10 ('less favourable treatment') remains in force. However, two active mandates critically impact Queensland employers: (1) the federal positive duty to eliminate work-related sexual harassment under the Sex Discrimination Act 1984 (Cth), with Australian Human Rights Commission (AHRC) enforcement powers active since 12 December 2023; and (2) the mandatory written sexual harassment prevention plan under Queensland's WHS Regulation 2011, effective since 1 March 2025, which forms the evidentiary core of the s 133 'all reasonable steps' defence.
Jurisdiction: This guide applies to defence actions in Queensland, Australia, under the Queensland Human Rights Commission (QHRC) and, upon referral, the Queensland Civil and Administrative Tribunal (QCAT) for non-work matters or the Queensland Industrial Relations Commission (QIRC) for work-related matters.
Governing Legislation: Anti-Discrimination Act 1991 (Qld) - covering protected attributes (s 7), direct discrimination (s 10), indirect discrimination (s 11), sexual harassment (ss 118-119), vilification (s 124A), vicarious liability (s 133), exemptions (genuine occupational requirement, religious body exemption, unjustifiable hardship), complaint procedures (Part 7), and time limitation (s 138). QCAT Act 2009 (Qld) governs tribunal procedures upon referral. Sex Discrimination Act 1984 (Cth) - federal positive duty (Part IIA). Work Health and Safety Regulation 2011 (Qld) - mandatory sexual harassment prevention plan.
Process at a Glance: Upon receipt of the QHRC complaint notification, the respondent must promptly engage defence counsel, conduct a conflict check, issue a document hold notice, and execute a costs agreement. The respondent then conducts an internal investigation, audits WHS compliance (including the mandatory written sexual harassment prevention plan), identifies applicable statutory defences (including a structured time-bar analysis where relevant), and drafts a written response statement for the QHRC. The respondent must attend the mandatory conciliation conference. If conciliation fails and the matter is referred to QCAT or QIRC, the respondent must file the Respondent's Contentions on Referral and prepare a full defence. Key defences include: no contravention occurred, genuine occupational requirement, unjustifiable hardship (for impairment accommodation), the 'all reasonable steps' defence to vicarious liability under s 133 (per ***Von Schoeler v Allen Taylor and Company Ltd (No 2) [2020] FCAFC 13***), religious body exemption, and time bar (per ***Buderim Ginger Ltd v Booth [2002] QCA 177***).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Anti-Discrimination Complaint (Respondent) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for L&E_LITIGATION cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Complete the client engagement process including conflict check, costs disclosure under the Legal Profession Act 2007 (Qld), document preservation notice, and notification of insurers.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Analyse the complaint, conduct an internal investigation, identify all applicable statutory defences and exemptions including time-bar analysis, assess vicarious liability exposure under s 133, and formulate the defence strategy.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Audit the client's WHS sexual harassment prevention plan compliance, assess federal positive duty exposure under the Sex Discrimination Act 1984 (Cth), compile the complete evidentiary package for the s 133 'all reasonable steps' defence, and prepare the comparator analysis for any direct discrimination allegations.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
The Respect at Work and Other Matters Amendment Act 2024 (Qld) was passed in September 2024 but its key reforms were paused indefinitely by the Crime and Corruption (Restoring Reporting Powers) and Other Legislation Amendment Act 2025 (April 2025). The paused reforms include:
The Anti-Discrimination Act 1991 (Qld) continues to operate under its pre-reform parameters.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
The leading authority on the 'good cause' discretion under s 138 of the Anti-Discrimination Act 1991 (Qld) is Buderim Ginger Ltd v Booth [2002] QCA 177. The Queensland Court of Appeal established five core factors the decision-maker must assess:
1. Length of the delay - the precise period beyond 12 months 2. Attribution of the delay - whether it was due to the complainant, their legal representatives, or external factors 3. Complainant's circumstances - personal, medical, or situational factors that may have impaired timely filing 4. Explanation for the delay - adequacy, consistency, and credibility of the explanation 5. Prejudice to the respondent - whether the delay has compromised the fairness of the proceeding
The respondent bears no onus at this stage - the complainant must demonstrate good cause. However, evidence of prejudice is the most effective submission the respondent can make.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
The mandatory written sexual harassment prevention plan under the Work Health and Safety Regulation 2011 (Qld) commenced on 1 March 2025. This regulatory safety mandate serves as a critical evidentiary tool in anti-discrimination litigation.
The plan forms the evidentiary core of the s 133 'all reasonable steps' defence under the Anti-Discrimination Act 1991 (Qld). Non-compliance results in:
Practitioners should compile the prevention plan, all supporting risk assessments, evidence of worker consultation, and the review schedule into a single evidentiary bundle for the QHRC response and any subsequent tribunal proceedings.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
The federal positive duty under Part IIA of the Sex Discrimination Act 1984 (Cth) is fully active. The [AHRC](https://humanrights.gov.au/) enforcement powers commenced on 12 December 2023 under the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth).
This federal mandate operates independently of the paused state-level reforms. Queensland employers must comply with both: 1. The federal positive duty (AHRC enforcement) 2. The state WHS prevention plan mandate (WorkSafe QLD enforcement)
Non-compliance with the federal positive duty may be cited by the complainant as evidence undermining the respondent's credibility and the s 133 defence at the state level.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.