CASE NOTE Essay

2317 Words Apr 28th, 2014 10 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
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This is due to the disregard that description includes of the activities which were intended to be conducted by GK, therefore the circumstances are not ‘the same or materially different’16 as required in section 10(1)17. The most suitable comparator when applying section 10(1)18 was an individual who was not a lawful sex worker but wanted accommodation for the purpose of conducting a series of separate sexual encounters with different others at various times.19
At this point one must consider then if a sex worker who is less busy or successful would be in a conceptually different position to either the decided comparator or to the Complainant. 20It was the occurrence of prostitution in the motel that was the object of refusal rather than the multiple sexual encounters.21 Therefore should the comparator be determined by ‘reference to the number of sexual encounters expected to be engaged in?’22

Section 8 of the Anti-Discrimination Act 1991 includes the definition of discrimination on the basis of an attribute. An argument was made that lawful sex work conduct is a characteristic of the attribute in consideration; ‘lawful sexual activity’. This was rejected by the Court and argued that
The work done by a person in any remunerative occupation is not properly described as a ‘characteristic’ or typical ‘feature or quality’ of the

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