Re Caloundra Gardens Village Body Corporate Committee

In the matter of the Anti-Discrimination Act 1991, the Caloundra Gardens Village Body Corporate Committee applied to the Anti-Discrimination Commission of Queensland for an exemption from certain provisions of the Act in relation to the sale and rental of homes within the Caloundra Gardens Village. The committee sought an exemption to continue the existing policy of restricting the sale and rental of homes to persons over 50 years of age. This policy had been in place since the village was originally established as a retirement village. The application was heard by the Anti-Discrimination Commission, which subsequently heard appeals from the decision.

The primary legal issue before the Commission was whether the exemption from certain provisions of the Anti-Discrimination Act 1991 was warranted, given the unique circumstances of the Caloundra Gardens Village. Specifically, the Commission had to determine if the restriction on the sale and rental of homes to persons over 50 years of age constituted indirect age discrimination, and if such discrimination was justifiable in the circumstances. The Commission also had to consider the impact of the exemption on the residents of the Village, both those who were over 50 and those who were not.

After considering the evidence and arguments presented, the Commission found that the exemption from the application of certain provisions of the Anti-Discrimination Act 1991 was justified in this case. The Commission determined that the restriction on the sale and rental of homes to persons over 50 years of age was not indirect age discrimination, but rather a legitimate and reasonable requirement in the context of a former retirement village. The Commission also found that the exemption would not have a significant negative impact on the rights of non-residents of the Village. Therefore, the Commission granted the exemption for a period of five years, from 23 March 2012 until 22 March 2017.

In addition to granting the exemption, the Commission also imposed a specified condition on the exemption. This condition ensured that any residents of the Caloundra Gardens Village Body Corporate, as at 23 March 2012, would be exempt from the requirement to be over 50 years of age in order to reside at the Village, for the duration of their lives. This condition was intended to provide certainty and stability for the existing residents of the Village, while still allowing the Village to maintain its character as a community for persons over 50 years of age.