From 1 July 2025, there are significant changes coming to Queensland's Anti-Discrimination Act 1991 (Qld) (AD Act), including an expanded list of protected attributes.
Expanded list of protected attributes from 1 July 2025
Pregnancy or potential pregnancy (currently "pregnancy")
potential pregnancy, in relation to a person, includes—
(a) the person’s capability to become pregnant; and
(b) the person’s expressed desire to become pregnant; and
(c) the person’s likelihood, or perceived likelihood, to become pregnant; and
(d) the person’s undergoing of a medical treatment or other procedure that procures, or attempts to procure, pregnancy in the person other than by sexual intercourse.
Sexual orientation (currently "sexuality")
sexual orientation, of a person, means the person’s capacity, or lack of capacity, for emotional, affectional and sexual attraction to, or intimate or sexual relations with, persons of a different gender or the same gender or more than one gender.
Family, carer or kinship responsibilities (currently "family responsibilities")
No definition. Old "family responsibilities" definition is being omitted. NOTE: This will likely mean that caring responsibilities beyond immediate family are covered.
Subjection to domestic or family violence (new attribute)
subjection to domestic or family violence, in relation to a person, means the person is or has been subject to domestic violence within the meaning given by the Domestic and Family Violence Protection Act 2012, section 8.
Homelessness (new attribute)
homelessness, in relation to a person, includes the person not having adequate, safe and secure housing.
Physical appearance (new attribute)
physical appearance, of a person, means –
(a) the person’s weight, size or height; or
(b) the presence of a birth mark or scar on the person’s face or body; or
(c) any other characteristic of the person’s face or body that the person has because of another attribute of the person; or is not freely chosen.
Expunged conviction (new attribute)
expunged conviction, in relation to a person, means a conviction of the person that has been expunged or extinguished, or whose effect has otherwise ended, under—
(a) the Criminal Law (Historical Homosexual Convictions Expungement) Act 2017; or
(b) a law of another State that provides for the same, or substantially the same, matter as the Act mentioned in paragraph (a).
Irrelevant criminal record (new attribute)
irrelevant criminal record, in relation to a person, means a record, or an imputation of a record, relating to an offence or an alleged offence, if –
(a) the person has been charged with the offence but the proceeding for the offence is not finalised; or the charge has lapsed, been withdrawn or discharged, or struck out; or
(b) the person has been acquitted of the offence; or
(c) the person has had a conviction for the offence quashed or set aside; or
(d) the person is proceeded against for the offence only by way of an infringement notice under the State Penalties Enforcement Act 1999; or
(e) the person has a conviction for the offence, but the circumstances of the offence are not directly relevant to the situation in which the record is being considered; or
(f) the person has a spent conviction for the offence; or
(g) the offence was dealt with by way of –
(i) a caution administered to the person under the Youth Justice Act 1992, part 2, division 2; or
(ii) a restorative justice process under the Youth Justice Act 1992, part 2, division 3.
Irrelevant medical record (new attribute)
irrelevant medical record, in relation to a person, means the person’s medical record, or a part of the person’s medical record, that is not directly relevant to the situation in which the record or part of the record is being considered.
Medical record includes record of applications or claims the person has made for compensation or other money to be paid under the workers’ compensation scheme under the Workers’ Compensation and Rehabilitation Act 2003; or a similar scheme under another Act or a law of another State or the Commonwealth.
A combination of 2 or more of any of the above attributes (new attribute)
This is known as intersectional discrimination, and recognises how people may experience overlapping forms of discrimination or disadvantage based on having more than one protected attribute.
To find out more about other amendments and how to prepare for these changes, read our article here.