Essay about CASE NOTE

2313 WordsApr 6, 201410 Pages
CASE NOTE: Dovedeen Pty Ltd & Anor v GK INTRO The Anti-Discrimination Act 1991 (Qld) aims to ensure equality among society yet it appears the recent amendment specifically allows discrimination.1 This judgement will be assessed on the basis for the appeal application, the judgements and the issues and questions which this case raises. I FACTS GK was a self-employed sex worker. GK periodically stayed at the Drovers Rest Motel at Moranbah for the purposes of sex work. Mrs Hartley, director of Dovedeen Pty Ltd and manager of the motel, denied GK, the respondent, further accommodation because she was aware GK was performing sex work. Mrs Hartley advised her that she would have to stay somewhere else. GK acknowledged that the refusal…show more content…
The inclusion on the Act of the definition prevents such an interpretation, due to the fact that it is only a person’s status as a sex worker that is protected. There are four attributes that involve ‘activity’, namely ‘breastfeeding’, ‘political activity’, ‘trade union activity’ and ‘religious activity’.9 The Court compared the definition of ‘lawful sexual activity’ with these four, and found that only religious activity is defined in the Act. Such a definition implies that religious activity has categories of activity or non-activity, whereas lawful sexual activity has no such definition and is defined only in the form of ‘status’. Hence, it may be concluded that the attribute cannot be extended beyond ‘status as a lawfully employed sex worker’10 to include the category of activity – the engaging in prostitution on the premises. Thus the Appeal Tribunal erred in this regard. In applying the test in section 10(1)11 one must identify the characteristics relevant in the comparator. The court applied Purvis,12 and state that ‘circumstances that are the same or not materially different’13 include ‘all of the objective features which surround the actual or intended treatment’14 of the claimer. It was viewed that the Tribunal identified the incorrect comparator due to the notion that a person who intends to use a room for purposes of prostitution is not necessarily a person without the

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