Platte v Tablelands Regional Council

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Platte v Tablelands Regional Council [2024] QCAT 1

PARTIES:

ARNE PLATTE

(applicant)

v

TABLELANDS REGIONAL COUNCIL

(respondent)

APPLICATION NO/S:

ADL035-21

MATTER TYPE:

Anti-discrimination matters

HEARD ON: 

21 September 2023

DELIVERED ON:

3 January 2024

HEARD AT:

Brisbane

DECISION OF:

Member Lember

ORDERS:

1.     The application referring the complaint is dismissed.

CATCHWORDS:

HUMAN RIGHTS - DISCRIMINATION LEGISLATION – INDIRECT DISCRIMINATION – where the applicant suffers a severe chemical allergy – where the respondent is a local government that applies herbicides in weed management – where the respondent permits residents to ‘opt out’ of chemical spraying in their area – where the applicant say the imposing a term of requiring the ‘opt out’ to be renewed annually amounts to indirect discrimination – where the applicant says the respondent breached a ‘no spray’ agreement and applied herbicides near her home – whether an exemption applies

HUMAN RIGHTS – DISCRIMINATION LEGISLATION – DIRECT DISCRIMINATION – whether the applicant was treated less favourably by Council due to her condition

HUMAN RIGHTS – DISCRIMINATION LEGISLATION – INDIRECT DISCRIMINATION – whether local government imposed a ‘term’ on the applicant

Anti-Discrimination Act 1991 (Qld) s 6, s 7, s 9, s 10, s 11, s 45, s 46, s 101, s 175, s 204, s 205, Sch
Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 28

Barker v Wingo 407 U.S. 514 (1972)
Bradshaw v McEwans Pty Ltd (1951) 217 ALR 1
Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541
Brooks v Queensland Building and Construction Commission [2023] QCAT 25
Hagstrom v Mount Isa Mines & Ors [1998] QADT 13;
Ryan v Qantas Airways Ltd & Ors [1998] QADT 19
Wong v Medical Board of Queensland [2006] QADT 41

APPEARANCES & REPRESENTATION:
Applicant:	Mr B Drew, non-legal representative
Respondent:	Mr P Turner, in-house solicitor employed by the respondent

REASONS FOR DECISION

What is the application about?

1. Ms Platte suffers from multi-chemical sensitivity (MCS). She resides on a property within the municipality of the Tablelands Regional Council (Council), who typically maintain vegetation along roadside verges by using herbicides, although they do permit residents to ‘opt out’ of chemical spraying should they wish. Since 2012, Council committed to maintaining a ‘no spray zone’ within an identified vicinity of Ms Platte’s home. Nonetheless, Ms Platte alleges that Council has discriminated against her variously by:

   (a)spraying in the ‘no spray zone’ in breach of the agreement;

   (b)requiring the ‘no spray agreement’ to be opted into annually; and

   (c)by its staff and contractors mocking, taunting, and harassing her.  

2. Upon referral[1] of a complaint by Ms Platte to the Queensland Human Rights Commission (QHRC), Ms Platte seeks orders that:[2]

   (a)Council be directed to cease and desist from spraying herbicides or insecticides near her property, in an identified ‘no spray zone’, without exception;

   (b)if Council breach the direction not to spray, it be ordered to pay to Ms Platte a penalty of $10,000 per occurrence of breach ‘from now’;

   (c)Council to pay Ms Platte “the…