Barnett v Royal Queensland Golf Club

Barnett (the applicant) brought proceedings against the Royal Queensland Golf Club (the respondent) alleging unlawful discrimination on the ground of sex, contrary to the *Anti-Discrimination Act 1991* (Qld). The applicant, a female golfer, sought to join the respondent club as a full member. However, the club's constitution and rules restricted full membership to men, with women only permitted to join as associate members, who were denied certain privileges and voting rights afforded to full members. The applicant contended that this distinction constituted unlawful direct and indirect discrimination on the basis of sex.

The primary legal issues before the court were whether the respondent club's membership structure constituted direct discrimination on the ground of sex, and if not, whether it constituted indirect discrimination on the ground of sex. Specifically, the court had to determine if the exclusion of women from full membership, with its associated benefits and rights, was a less favourable treatment based on sex, and if the rule requiring male-only full membership was a condition that disadvantaged women in a way that was not objectively justifiable.

In its reasoning, the court found that the respondent's membership rules clearly differentiated between male and female applicants for full membership, with women being excluded from this category. This direct exclusion, based solely on sex, was held to be direct discrimination under the *Anti-Discrimination Act 1991* (Qld). The court determined that the club's rules imposed a condition that required a person to be male to obtain full membership, which was a less favourable treatment than that afforded to males. Consequently, the court did not need to consider the issue of indirect discrimination, as direct discrimination had already been established.

The court ordered that the Royal Queensland Golf Club be restrained from continuing to contravene the *Anti-Discrimination Act 1991* (Qld) by maintaining its membership rules that discriminate against women. The respondent was also ordered to take steps to amend its constitution and rules to allow women to become full members on the same terms and conditions as men.