Burleigh Town Village Pty Ltd (3)

Burleigh Town Village Pty Ltd is the owner of a manufactured home park which is marketed and sold as a facility for persons over the age of 50 years. The Applicant seeks an exemption from specified provisions of the Anti-Discrimination Act 1991 (Qld) to permit it to continue to operate the park in the way that it currently does. The Queensland Human Rights Commissioner opposes the application. The Tribunal refused the application. The Tribunal found that the Applicant had not demonstrated that there was no other reasonable means of achieving the purpose for which the exemption is sought. The Tribunal also found that the exemption, if granted, would limit the property rights of people, preventing some from owning a home in the park, and the property rights of people who have homes in the Park. The Tribunal found that the limitations were not reasonable and demonstrably justified, in accordance with s 13 of the Human Rights Act 2019 (Qld).