River Glen Haven Over 50s Village

The matter before the Court involved an application by Mr Hadju, representing River Glen Haven Over 50s Village, for an exemption from certain provisions of the Anti-Discrimination Act 1991 (Qld). The application sought relief from the prohibition against publishing advertisements that indicate a discriminatory intent, specifically concerning advertisements for accommodation targeted exclusively at individuals over the age of 50. The Queensland Human Rights Commission (QHRC) did not file a response to the application by the specified deadline, and there were no current complaints against the applicant entities according to the QHRC records. The application appeared to seek an exemption from Section 127 of the Anti-Discrimination Act, which prohibits the publication of advertisements indicating discriminatory practices.

The central legal issue revolved around whether the proposed advertisements by River Glen Haven Over 50s Village would contravene Section 127 of the Anti-Discrimination Act by indicating an intent to discriminate against persons based on age. The applicant argued that despite having no history of discrimination, the advertisement in question was not inherently discriminatory. However, the Court held that the advertisement, which explicitly targeted individuals over 50, conveyed an intention to act in a way that contravened the Act. The Court determined that the specific wording of the advertisement indicated a discriminatory intent, thus constituting a breach of Section 127.

In reaching its decision, the Court emphasised that the nature of the advertisement, rather than the applicant's past conduct, was the primary factor in determining whether Section 127 was contravened. The advertisement’s clear indication of a discriminatory intent was sufficient to constitute a breach of the Act. Consequently, the application for an exemption was denied. The Court did not provide further orders beyond the denial of the exemption request.