GK v Dovedeen Pty Ltd

The appeal in GK v Dovedeen Pty Ltd concerned the refusal of motel accommodation to a person providing prostitution services. The appellant, a legal sex worker, was denied accommodation by the respondent, Dovedeen Pty Ltd, who operates a motel. The dispute reached the court after the appellant's complaint to the Anti-Discrimination Commission was dismissed by the Anti-Discrimination Tribunal. The legal issues revolved around whether the refusal of accommodation constituted discrimination on the basis of lawful sexual activity and if the respondent's actions violated the Anti-Discrimination Act 1991. Specifically, the court needed to determine whether the term "status as a lawfully employed sex worker" constitutes a protected attribute and if the refusal of accommodation could be considered a contravention of the Act.

The court found that the refusal of accommodation to the appellant was discriminatory and a breach of the Anti-Discrimination Act 1991. The court held that the appellant's lawful sexual activity, as a legal sex worker, constituted a protected attribute. The court reasoned that the history of prostitution reform in Queensland supported the view that lawful sexual activity should be protected against discrimination. Furthermore, the court interpreted the expression "conduct or permit to be conducted on the licensed premises, a business" to include activities related to lawful sexual work. Consequently, the court concluded that Dovedeen Pty Ltd's refusal to provide accommodation to the appellant constituted a contravention of sections 82 and 83 of the Act.

The court granted leave to appeal and allowed the appeal against the order dismissing the application. It remitted the matter to the Tribunal for further hearing to determine the appropriate relief, including any compensation or orders for apology. The court also issued a direction prohibiting the publication of any information that may lead to the identification of the appellant. This decision reinforces the protection of lawful sexual activity and sets a precedent for similar cases in Queensland.