https://www.overlawyered.com/2012/08/australia-great-moments-discrimination-law/ Chronicling the high cost of our legal system Sun, 12 Aug 2012 23:01:52 +0000 hourly 1 https://www.overlawyered.com/2012/08/australia-great-moments-discrimination-law/comment-page-1/#comment-171997 Fri, 10 Aug 2012 03:37:13 +0000 http://overlawyered.com/?p=31904#comment-171997 This is a perfectly good example of the Government’s thought police expanding their authority beyond their jurisdiction. The decision is almost certainly wrong in law.
Firstly, the Queensland Anti-Discrimination Act does protect “lawful sexual activity”. This was an immoral section of course; it prevented people taking the traditional approach of ostracizing those involved in immoral lifestyles. Probably, it was originally intended to protect homosexuality without saying so. However, when prostitution was legalised, the Act was specifically amended to define “lawful sexual activity” specifically to lawful prostitution. Of course, this is still an immoral law.
However, it is important to remember that prostitution is only legal in Queensland when it takes place in a licenced brothel. Using a hotel room as a venue for private prostitution is almost certainly illegal. Hence, the decision is wrong in law.
Hopefully, the newly elected government will sort it out.

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