Submissions

The Anti-Discrimination Act 1991 has been reviewed and QAMH welcomes the opportunity to comment on the Bill. We agree that new State based legislation is required and that it should reflect current best practice, be up to date and provide a framework from which to improve standards of behaviour proactively at every level of society. Mental health is a key component of overall health and wellbeing for all Australians. People with diverse mental health experiences and psychosocial disability often face significant stigmatising attitudes and discrimination, which can lead to disadvantages in many aspects of life such as work, education, and the justice system.

In this submission, we make the following key recommendations:

• Review the definition of “disability” included in the Bill. The proposed definition of disability reflects the definition of “impairment”, rather than the contemporary social model of disability. This may be construed as stigmatising, and we recommend that this definition is reviewed with this consideration in mind. We also recommend that the proposed definition replaces part f) with “a disorder, illness or disease that may affect a person’s thought processes, perception of reality, emotions, judgment, social interaction and/or behaviour”.
• Clarify which duty holders are covered by positive duty. A clearer definition is required under Clause 19 to remove ambiguity. We recommend that all duty holders, including government and schools, should have a positive obligation to apply the Act rather than select duty holders.
• Provide clear guidance and support for employers. Clear guidance for all employers regarding how they can meet the requirements of this new legislation in relation to psychosocial disability is needed, including how it differs to Managing the Risk of Psychosocial Hazards at Work Code of Practice they already meet, and how they can reasonably accommodate a wide range of individual needs within the workplace.
• Reduce unnecessary complexities regarding vicarious liability. We support the Queensland Human Rights Commission recommendations to maintain section 133 of the existing Anti-discrimination Act 1991 (the Act) and reduce complexity in clauses 94, 95 and 96.
• Clarify reasonable accommodations. Reasonable accommodations for both the complainant and the duty holder are unnecessarily complex and need to be framed more clearly. We agree with the recommendation of the Queensland Human Rights Commission to remove clause 18 as it is applied already within broader positive duty, and that this should be replaced with another standalone provision that makes it unlawful to refuse or fail to provide a reasonable accommodation.