Sunday 13 January 2019

Complaint submitted to the Anti Discrimination Commission Queensland



8 January 2019 I  lodged a complaint to the Anti-Discrimination Commission Queensland. The discrimination complaint I submitted included the argument that Queensland Property owners labelled as 'Absentees' are being discriminated because we are subjected to the Absentee Surcharge and a/higher Land Tax compared to people not regarded as 'Absentees'.

The fact that Australians had already committed to being overseas prior to the legislation changes means that it unfairly treats those of us subjected to the taxes. Many absentees had already made arrangements to move overseas as well at great cost and no warning was given about the upcoming changes - in fact we were all hit retrospectively.

Queensland property owners considered absentees are also discriminated because people owning property in other states are not subjected to the same punitive restrictions and penalties - meaning that they are free to take up opportunities that Queensland absentees cannot. This is a severe disadvantage.

Unfortunately though, the QLD Human Rights Bill has not yet been passed. If the Bill becomes an Act - according to their website:

"The Human Rights Act will start in two stages. The first stage in mid-2019 will start the functions of the Commission to provide information about human rights. The second stage will start the rest of the Act, including the complaint process, on 1 January 2020."

NOTE:  I inadvertently submitted a complaint to the QLD Anti-Discrimination Commission twice (8 Jan 2019 and 12 Jan 2019)  - as I have been submitting to Federal bodies as well (in this case - the Human Rights Commission - complaint rejected as not in their jurisdiction to investigate complaints against State bodies) and forgot I had already made a submission.

15 Feb 2019 Update: 

I just received a response from the Anti Discrimination Commission Queensland.

Unfortunately another brick wall. Here is a copy of the response:

Thank you for sending us your complaint.

Under section 136 of the Anti-Discrimination Act 1991 (the Act), a complaint must set out reasonably sufficient details to indicate an alleged breach of the Act.

Your complaint does not appear to come under the Act because the worse treatment does not appear to have happened in an area covered by the Act. The Act does not cover the government of the day’s enactment of legislation it sees fit to pass. The Anti-Discrimination Act covers the administration of those laws as described in section 101 of the Act, but not the right of the government to introduce taxes and enact legislation.

Your complaint seems to be one that may be best handled by approaching your local state member of parliament to describe the impact of the legislation on you and your specific circumstances.
I hope this information is helpful to you.

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