Jin v State of Queensland (Department of Communities, Housing and Digital Economy) & Or [2023] QIRC 013

Date: 19 January 2023
Court/Tribunal: Queensland Industrial Relations Commission
Judicial Officer/Tribunal Member: Pidgeon IC
Human Rights Act 2019 (Qld) Sections: s 67
Rights Considered: N/A
Other Legislation: Anti-Discrimination Act 1991 (Qld) ss 136, 139, 142, 169
Keywords: Education, Training and Employment; Public Law Considerations

This case involved an application to progress a complaint that was originally made to the Queensland Human Rights Commission, onto the Queensland Industrial Relations Commission. The complaint regarded an allegation of discrimination on the basis of race, from a job advertisement process conducted by the Queensland Art Gallery. Considering s 136 of the Anti-Discrimination Act 1991 (Qld) and s 67 of the Human Rights Act 2019 (Qld), the delegate advised the complainant that the unlawful discrimination complained of did not indicate a contravention of the above Acts. Member Pidgeon IC held that the Queensland Industrial Relations Commission did not have jurisdiction to review a decision of the Queensland Human Rights Commission to reject a complaint. Section 67 of the Human Rights Act 2019 (Qld) was mentioned when discussing that a complaint must provide enough details to indicate an alleged breach of the Human Rights Act 2019 (Qld).

Visit the judgment: Jin v State of Queensland (Department of Communities, Housing and Digital Economy) & Or [2023] QIRC 013