Queensland Legislation

The Queensland Anti-Discrimination Act 1991, can be found here:

http://www.austlii.edu.au/au/legis/qld/consol_act/aa1991204/

This act covers discrimination on a number of grounds and in a number of areas. The pertinent ground and area for the girl school uniform debate is sex and education.

While we encourage you to peruse the legislation document, we have outlined below the crucial areas for the girl school uniform debate.

Relevant sections for school uniforms:

Part 2 Prohibited grounds of discrimination

7 Discrimination on the basis of certain attributes prohibited.

The Act prohibits discrimination on the basis of the following attributes—

(a) sex;

Part 3 Prohibited types of discrimination

9 Discrimination of certain types prohibited.

The Act prohibits the following types of discrimination—

(a) direct discrimination;

(b) indirect discrimination.

10 Meaning of direct discrimination

(1) Direct discrimination on the basis of an attribute happens if a person treats, or proposes to treat, a person with an attribute less favourably than another person without the attribute is or would be treated in circumstances that are the same or not materially different.

(2). It is not necessary that the person who discriminates considers the treatment is less favourable.

(3) The person’s motive for discriminating is irrelevant.

11 Meaning of indirect discrimination

(1) Indirect discrimination on the basis of an attribute happens if a person imposes, or proposes to impose, a term—

(a) with which a person with an attribute does not or is not able to comply; and

(b) with which a higher proportion of people without the attribute comply or are able to comply; and

(c) that is not reasonable.

 

The Education (General Provisions) Act 2006, can be found here:

http://www.austlii.edu.au/au/legis/qld/consol_act/epa2006305/

Relevant sections for school uniforms:

Section 360 Development of dress code

(1) A State school’s principal may develop a dress code for the school’s students that is to apply when the students are attending, or representing, the school.

(2) The dress code may provide for the following—

(a) standards of what is acceptable in relation to the clothing worn by the students, including headwear and footwear;

(b) standards of what is acceptable in relation to other aspects of the personal presentation of the students.

(3) In developing the dress code, the principal must consult with the following persons—

(a) the parents of children enrolled at the school;

(b) the school’s staff and students.

(4) Also, in developing the dress code, the principal must ensure the dress code is consistent with any guidelines made under section 361.

 

Section 361 Guidelines for dress code

(1) The chief executive may make guidelines about dress codes for State schools.

(2) Issues that may be addressed by a guideline include the following—

(a) the scope of operation of a dress code;

(b) the extent of consultation to be undertaken by a State school’s principal when developing a dress code;

(c) the issues to be considered in the development of a dress code, including, for example—

(i) the availability and affordability of items of clothing; and

(ii) the functionality of items of clothing; and

(iii) health and safety issues; and

(iv) anti-discrimination issues; and

(v) the process to be followed in dealing with the special circumstances of particular students;

(d) the consistency of a dress code with other Acts or laws;

(e) the consistency of a dress code with government policies;

(f) the ongoing monitoring of the operation of a dress code.

(3) A guideline may be amended or replaced by a later guideline made under this section.

(4) A guideline must be made available to each principal of a State school.