Burleigh Town Village Pty Ltd

Burleigh Town Village Pty Ltd applied to the Anti-Discrimination Commission of Queensland for an exemption from certain provisions of the Anti-Discrimination Act 1991 (Qld) to allow the company to continue marketing and selling lots in its manufactured home park as 'over 55s'. The Federal Circuit and Family Court of Australia was asked to review the Commission's refusal to grant the exemption. The legal issues before the court were whether the company had a genuine need for the exemption and whether the exemption was necessary to achieve the purpose of promoting equality.

The court considered the history of the exemption and the reasons for the company's need for it. The company had previously been granted an exemption which had expired, and this was the second application. The company argued that the exemption was necessary to achieve the purpose of promoting equality because the park was designed and marketed specifically for older people who wanted to live in a community of similar-aged peers. The court found that the company had demonstrated a genuine need for the exemption and that the exemption was necessary to achieve the purpose of promoting equality. The court noted that the company had taken steps to ensure that the park was a suitable environment for older people, including providing facilities and activities that cater to their needs.

The court ordered that Burleigh Town Village Pty Ltd, its employees, agents and officers, are exempt from the operation of certain provisions of the Anti-Discrimination Act 1991 (Qld) in relation to the attribute referred to in s 7(f) of the Act from 20 July 2016 to 19 July 2021 in respect of their activities in relation to the manufactured home park known as Burleigh Town Village, Township Drive, West Burleigh. The court found that the company had met the requirements for the exemption and that the exemption was necessary to achieve the purpose of promoting equality. The court emphasised the importance of achieving the purpose of the Act, which includes promoting equality, and found that the exemption would not undermine this purpose.