YFS Ltd

CITATION: YFS Ltd [2015] QCAT 295

PARTIES:	YFS Ltd
APPLICATION NUMBER:	ADL035-15

MATTER TYPE: Anti-discrimination matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Senior Member Endicott

DELIVERED ON: 2 July 2015

DELIVERED AT: Brisbane

ORDERS MADE:

1. YFS Ltd is exempted from the application of sections 14, 15 and 127 of the Anti-Discrimination Act 1991 in relation to the attribute referred to in section 7(a) of the Act.

2.    The exemption will expire on 31 December 2017.

CATCHWORDS:

ANTI-DISCRIMINATION – where community organisation contracted with Department of Communities to provide domestic and family violence prevention services – where Practice Standards require both male and female facilitators of programs – where need to recruit and employ staff of specific gender when turnover of staff – whether general exemption from application of anti-discrimination legislation appropriate

Anti-Discrimination Act 1991 (Qld) ss 14, 15, 113 and 127

Youth and Family Service (Logan City) Inc [2012] QCAT 352

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

REASONS FOR DECISION

1. YFS Ltd is a company limited by guarantee.  YFS Ltd was registered in Queensland on 6 December 2013.

2. YFS Ltd provides services under a contract with the Department of Communities, Child Safety and Disability Services in a Domestic and Family Violence Perpetrator Invention Program.  That service provides individual counselling and group behaviour change programs to men aged 17 years or more who have used domestic and family violence in their intimate relationships.   

3. The organisation provides these services with the aim of changing the abusive behaviour of men who perpetrate domestic and family violence.  There is a focus on addressing attributes that contribute to domestic and family violence.  

4. The staff who provide the services consist of two female workers and two male workers.  According to the evidence of Catherine Bartolo, Chief Executive Officer of the organisation, this mix of workers is necessary to ensure service delivery is in accordance with the Professional Practice Standards formulated by the Department of Communities for working with men who perpetrate domestic and family violence. Those Practice Standards require group programs to be co-facilitated by one male and one female facilitator. 

5. YFS Ltd delivers four group programs with a combination of day and evening work.  Each worker is required to co-facilitate two groups per week.  Ms Bartolo states that when there is staff turn-over, her organisation needs to recruit to ensure the male-female co-facilitating can continue within the teams.  

6. The Practice Standards, under which YFS Ltd must work in the delivery of the Male Perpetrator Programs, mandate that if there are two female facilitators, they can only perform two consecutive sessions or three in total with a male perpetrator group before an alternative must be found or the sessions must be cancelled.   When there are two male facilitators, the organisation is required by the Practice Standard to make every effort to employ a suitable trained female facilitator. 

7. Ms Bartolo states that because…