Re Department of Justice and Attorney-General Queensland

The Department of Justice and Attorney-General, Corrective Services Queensland sought to extend an exemption from certain provisions of the Anti-Discrimination Act 1991 (Qld) to enable the advertisement, recruitment, and employment of female correctional officers, female correctional supervisors, and female trade supervisors. This application was supported by the Anti-Discrimination Commissioner and was heard in the Queensland Civil and Administrative Tribunal. The key issue before the Tribunal was whether the Department could be granted an extension of the exemption to achieve and maintain a desired ratio of female officers, in line with the factors set out in section 14(2) of the Anti-Discrimination Act.

The Tribunal considered the importance of achieving gender diversity within the Department's workforce, and the need to maintain a desired ratio of female officers to ensure effective management and support for female inmates. The Tribunal found that the Department had demonstrated a clear and legitimate aim in seeking to extend the exemption, and that the desired ratio of female officers was necessary to achieve this aim. The Tribunal also considered the potential impact of the exemption on the rights of male applicants, and found that the Department had taken appropriate steps to mitigate any adverse effects.

Following this analysis, the Tribunal concluded that the Department was entitled to an extension of the exemption, subject to certain conditions. These conditions included the requirement that the Department monitor and report on the impact of the exemption on male applicants, and take appropriate steps to address any adverse effects. The Tribunal also set a five-year limit on the duration of the exemption, to ensure that it was reviewed regularly and that the Department continued to meet the requirements of the Anti-Discrimination Act.

The Tribunal's final order granted the Department an extension of the exemption from the operation of certain provisions of the Anti-Discrimination Act, in relation to the advertising, recruitment, and employment practices for female correctional officers, female correctional supervisors, and female trade supervisors at Brisbane Women’s Correctional Centre and its subsidiary units. The exemption was to be in effect for a period of five years from the date of the order, subject to the conditions set out by the Tribunal. This decision provides important guidance on the factors that may be considered in determining whether an exemption from discrimination legislation is appropriate, and the steps that must be taken to ensure that any exemption does not have an adverse impact on the rights of others.