Sundale Limited

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Sundale Limited [2019] QCAT 83

PARTIES:

SUNDALE LIMITED

(applicant)

APPLICATION NO/S:

ADL033-18

MATTER TYPE:

Anti-discrimination matters

DELIVERED ON:

6 March 2019

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Gordon

ORDERS:

1.   The following exemption order applies to:-

(a)   Sundale Ltd; and

(b)   other people involved from time to time in providing the services offered by the Better Together Housing Project;

as a class of people under section 113(1) of the Anti-Discrimination Act 1991 (Qld).

2. When providing the services offered by the Better Together Housing Project substantially in the form described in the application for exemption to the tribunal, or when doing or omitting to do any act in providing those services, the class is exempt from the operation of section 46 of the Anti-Discrimination Act 1991 (Qld) in so far as section 46 would otherwise apply to discrimination on the basis of age or sex.

3.   This exemption continues for a period of time from the date of this order being the shorter of:-

(a)   the period over which the Better Together Housing Project continues substantially in the form described in the application to the tribunal for exemption; or

(b)   the period of five years.

CATCHWORDS:

HUMAN RIGHTS – DISCRIMINATION LEGISLATION – where the applicant on behalf of a class of people seeks an exemption from the operation of a specified provision of the Anti-Discrimination Act 1991 (Qld) in order to operate the ‘Better Together Housing Project’ – where the Anti-Discrimination Commissioner supports the application – whether the exemption should be granted

Anti-Discrimination Act 1991 (Qld), s 113

Boeing Australia Holdings Pty Ltd & related entities [2003] QADT 21
CISC Pty Ltd t/as The Construction Training Centre [2017] QCAT 301
Exemption application re: Palmpoint Pty Ltd [2006] QADT 12

REPRESENTATION:

Applicant:

Julian Porter, solicitor of Suncoast Community Legal Service

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

REASONS FOR DECISION

1. The Applicant, Sundale Limited wishes to restrict access to the services of the Better Together Housing Project to women aged 55 and over.

2. Sundale has filed affidavit evidence in support of this application.[1]  From this evidence it can be seen that Sundale Ltd is a non-profit organisation operating on the Sunshine Coast.  It operates four retirement villages, six aged care centres and in-home care programs for older people in locations across the region.

   [1]Affidavits of Gail Middleton made on 6 July 2018 and 9 January 2019.

3. The evidence demonstrates that the Better Together Housing Project is an attempt to tackle the issue of older women who find themselves with poor housing security.

4. It is said that older women are at greater risk of housing insecurity than older men because women tend to be poorer than men in the same age group, and therefore less likely to own their own home and more likely to find it difficult in the private rental market.  They…