1On the facts, police officers who observe a complainant's distress and anxiety and record those observations in official records in accordance with Operational Procedure Manual obligations do not thereby engage in direct discrimination on the basis of a presumed mental health impairment under s 10 of the Anti-Discrimination Act 1991 (Qld), particularly where the complainant consented to referrals and the investigation was limited by the absence of probative evidence rather than by any presumption about the complainant's mental state.
2Recording observations about a person's mental health in police databases (QPRIME) pursuant to operational obligations does not constitute a 'decision' for the purposes of s 58 of the Human Rights Act 2019 (Qld) where the recording is a summation of the interaction rather than a substantive determination about the person's mental health.
3The comparator under s 10 of the Anti-Discrimination Act 1991 (Qld) must be a hypothetical person without the presumed attribute in circumstances that are the same or not materially different; a real-world case with materially different factual circumstances (including the availability of probative evidence) does not serve as a valid comparator.
