Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the comprehensive practitioner roadmap for managing an anti-discrimination complaint from the complainant perspective in Queensland. Designed explicitly for human rights lawyers, employment advocates, and community legal centre practitioners, this guide covers the end-to-end complaint process from intake through to QHRC conciliation. Additional forms are accessible via the Queensland Government Portal.
Jurisdiction: This guide applies to complaints filed 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 () for work-related matters.
Governing Legislation: which covers Anti-Discrimination Act 1991 (QLD) which covers protected attributes (s 7), direct discrimination (s 10), indirect discrimination (s 11), sexual harassment (ss 118-119), vilification (s 124A), vicarious liability (s 133), complaint procedures (Part 7), interim orders (s 144), remedies (s 209), QCAT Act 2009 (QLD) which covers tribunal procedures upon referral, QHRC Act 2005 (QLD) which covers QHRC functions and powers, Note: The Respect at Work and Other Matters Amendment Act 2024 (QLD) was passed in September 2024 but key reforms (positive duty, reverse onus of proof, 24-month time limit, expanded QHRC inquiry powers, representative complaints) were paused by the incoming LNP government in March 2025. The current 12-month filing limit and existing ADA 1991 provisions remain in force.
Jurisdictional Overlap Warning: Where the complaint involves workplace discrimination, practitioners must assess whether the Fair Work Act 2009 (Cth) general protections (adverse action) provisions may provide a parallel or preferable remedy. A complainant generally cannot 'double dip' by pursuing the same conduct in both the QHRC/QCAT system and the Fair Work Commission. Strategic forum choice is critical.
Compensation Guidance: Non-economic loss awards (hurt, humiliation, and distress) in QLD anti-discrimination cases have historically ranged from $5,000-$20,000, but recent decisions have trended significantly higher. In Green v State of Queensland, QCAT awarded $70,000 for non-financial loss. The Richardson v Oracle decision in the Federal Court has influenced upward movement in state tribunal awards.
Process at a Glance: Discrimination complaints must be lodged with the QHRC within 12 months of the most recent contravention. The process begins with identifying the protected attribute under s 7, establishing the type of discrimination (direct under s 10, indirect under s 11, or harassment/vilification), and confirming the area of activity. The complaint is lodged with the QHRC (online, by post, or email - no fee, no lawyer required). QHRC assesses and accepts the complaint (typically within 2-4 weeks), notifies the respondent, and assigns a dispute resolution officer. A mandatory conciliation conference follows (typically 3-6 months from lodgement). If conciliation fails, the complainant may request a written referral to QCAT (non-work) or QIRC (work) for adjudication within 28 days of the Notice of Unconciliated Complaint.
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.
Identify the protected attribute under s 7 of the Anti-Discrimination Act 1991, map all incidents, confirm discrimination type and area of activity, assess Fair Work Act overlap, and verify the 12-month filing deadline.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
If the complaint involves workplace conduct, assess whether the Fair Work Act 2009 (Cth) general protections (adverse action) provisions may provide a parallel or preferable remedy. The complainant generally cannot pursue both forums for the same conduct - this is the anti-double-dipping principle embedded in ss 725-733 of the Fair Work Act 2009 (Cth).
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Limitation period: The Respect at Work and Other Matters Amendment Act 2024 (Qld) proposed extending the limitation period to 24 months, but this reform was indefinitely paused by the Crime and Corruption (Restoring Reporting Powers) and Other Legislation Amendment Act 2025 (passed 30 April 2025). The 12-month limit under the Anti-Discrimination Act 1991 (Qld) remains in force with no new commencement date fixed.
Forum choice: If the complaint involves workplace discrimination, the Fair Work Act 2009 (Cth) general protections (adverse action) provisions under Part 3-1 may provide a preferable remedy. Critically:
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
'Serious vilification' involving threats of harm was moved to the Criminal Code Act 1899 (Qld) effective 29 April 2024 and now carries criminal penalties under s 131B of the Criminal Code. Civil vilification complaints under s 124A of the Anti-Discrimination Act 1991 (Qld) remain in force for non-criminal vilification conduct.
Compile documentary evidence, prepare a detailed incident chronology, identify comparator evidence for direct and indirect discrimination claims, obtain witness statements, and assess vicarious liability under s 133.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Draft the complaint detailing the respondent, contraventions, protected attribute, area of activity, and remedy sought. Lodge with the Queensland Human Rights Commission.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
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.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
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 QHRC may decline to accept a complaint on a number of grounds under the Anti-Discrimination Act 1991 (Qld):
If the QHRC declines the complaint, consider requesting an internal review of the decision or seeking advice on alternative avenues, including the Australian Human Rights Commission (for Commonwealth discrimination law under the Age Discrimination Act 2004 (Cth), Disability Discrimination Act 1992 (Cth), Racial Discrimination Act 1975 (Cth), or Sex Discrimination Act 1984 (Cth)) or the Fair Work Commission for workplace-related conduct.