Queensland Numbered Acts Queensland Numbered ActsAfter section 131A —
insert—
131B Definitions for chapter In this chapter—
"EIS" see the Strong and Sustainable Resource Communities Act 2017 , schedule 1 .
"fly-in fly-out worker" , for a large resource project, see the Strong and Sustainable Resource Communities Act 2017 , schedule 1 .
"large resource project" see the Strong and Sustainable Resource Communities Act 2017 , schedule 1 .
"nearby regional community" , for a large resource project, see the Strong and Sustainable Resource Communities Act 2017 , schedule 1 .
"owner" , of a large resource project, see the Strong and Sustainable Resource Communities Act 2017 , schedule 1 .
principal contractor see the Strong and Sustainable Resource Communities Act 2017 , schedule 1 .
"recruitment process" , for a large resource project, means any process for considering and selecting a person for employment for the project.
"related body corporate" see the Corporations Act , section 50 .
"resident" , of a nearby regional community, see the Strong and Sustainable Resource Communities Act 2017 , schedule 1 .
"resource project" has the meaning given in the Environmental Protection Act 1994 , section 112 .
worker, for a large resource project, see the Strong and Sustainable Resource Communities Act 2017 , schedule 1 .
131C Prohibition on discrimination against persons in nearby regional communities in relation to work on large resource projects(1) This section applies to the owner, or the principal contractor, of a large resource project that has a nearby regional community.(2) The owner or principal contractor must not—(a) discriminate against a resident of the nearby regional community when recruiting workers for the project; or(b) discriminate against a worker by terminating the worker’s employment because the worker is, or becomes, a resident of the nearby regional community and chooses to travel to the project other than as a fly-in fly-out worker.(3) The owner is taken to contravene subsection (2) whether it is the owner, a related body corporate of the owner, or an agent of the owner or related body corporate, that discriminates against a resident or worker.(4) The principal contractor is taken to contravene subsection (2) whether it is the principal contractor, a related body corporate of the principal contractor, or an agent of the principal contractor or related body corporate, that discriminates against a resident or worker.(5) For subsections (2) (a), (3) and (4), a person is taken to discriminate against a resident of the nearby regional community if—(a) the person is recruiting workers for the project; and(b) the resident is not offered work on the project, or is disadvantaged in the recruitment process for the project, because of being a resident of the nearby regional community.(6) If the principal contractor contravenes this section, both the owner and principal contractor are jointly and severally civilly liable for the contravention, and a proceeding under the Act may be taken against either or both of them.
131D Provisions of this Act that do not apply for this chapter Sections 9, 10, 11, 124, 132, 133, 204 and 205 do not apply for this chapter.
131E Burden of proof—general principle(1) For this chapter, it is for the complainant to prove, on the balance of probabilities, that the respondent contravened a provision of the chapter.(2) However, this section applies subject to section 131F .
131F Reason for action to be presumed unless proved otherwise(1) This section applies if a complaint about discrimination under this chapter alleges that—(a) the complainant was not offered work during recruitment for a large resource project because the complainant was a resident of a nearby regional community for the project; or(b) the complainant’s employment on a large resource project was terminated because the complainant was, or became, a resident of a nearby regional community for the project and chose to travel to the project other than as a fly-in fly-out worker.(2) It is presumed the action mentioned in subsection (1) (a) or (b) was taken for the alleged reason, unless the respondent proves otherwise.
131G Evidentiary aid In a proceeding about discrimination mentioned in section 131C , the matters published under the Strong and Sustainable Resource Communities Act 2017 , section 13 are evidence of the matters.