The Commission held that an exemption under s 113 of the Anti-Discrimination Act 1991 (Qld) was unnecessary because excluding job applicants who do not have an impairment does not constitute prima facie unlawful discrimination — the absence of impairment is not a protected attribute under s 7(h). The Commission confirmed that advertising a role requiring lived experience of disability and requesting information about impairment for that purpose would not contravene ss 127 or 124 respectively, though noted that if the applicant intended to limit eligibility to a specific type of impairment, an exemption would be necessary. The decision also confirmed that ss 25 and 104 are defences to complaints rather than matters relevant to the exemption application itself, but that an exemption should not be refused solely because a statutory defence might apply.
The full text is available to signed-in members.