JN & RA Cooper Pty Ltd

[2012] QCAT 178

CITATION: JN & RA Cooper Pty Ltd [2012] QCAT 178

PARTIES: JN & RA Cooper Pty Ltd
(Applicant)

APPLICATION NUMBER: ADL115-11

MATTER TYPE: Anti-discrimination matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Dr Bridget Cullen, Member

DELIVERED ON: 30 March 2012

DELIVERED AT: Brisbane

ORDERS MADE: 1. That the applicant, JN & RA Cooper Pty Ltd, is exempt from the application of ss 7(f), 45, 46, 76, 77, 81, 82 and 83 of the Anti-Discrimination Act 1991 for the period from 30 March 2012 until 29 March 2017 in respect of the manufactured home sites located within Palm Meadows Village, 25 Coopers Road, Willowbank.

CATCHWORDS:

Application for exemption from discrimination on the basis of age – manufactured homes village – proposal to restrict entitlement to reside to persons aged over 50 – exemption granted

Anti-Discrimination Act 1991, s 113

Palmpoint Pty Ltd [2006] QADT 12
J&D Richards Developments Pty Ltd as Trustee for the Little Mountain Trust [2005] QADT 13

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

REASONS FOR DECISION

Exemption application by JN & RA Cooper Pty Ltd

1. The applicant applies for an exemption from the operation of the Anti-Discrimination Act 1991 (“the Act”) in order to restrict accommodation in the manufactured home village “Palm Meadow Village” located at 25 Coopers Road, Willowbank, to people over 50 years of age.

1. The applicant seeks the exemption for a period of 5 years, which is the maximum period permissible under the Act.

Evidence supporting exemption

1. The applicant has provided the Tribunal with evidence that suitable accommodation and facilities exist in Willowbank and surrounding areas for persons aged under 50 years; therefore young people will not be disadvantaged if an exemption is granted.

1. There is a demonstrated need for accommodation for persons aged over 50 years in the general area where Palm Meadows Village is located – it is a rural and industrial area.  Census statistics from the Australian Bureau of Statistics indicate that out of a population of 1,169 persons aged 50 years and over, 311 persons aged 50 years and over are based at Willowbank.

1. Statistics support the need for low cost/affordable housing for the Willowbank area.

1. There have been no requests made for persons aged under 50 years to purchase manufactured homes in Palm Meadow Village.

1. The Palm Meadow Village facilities are attractive to the aged and retirees.  Palm Meadows Village is comprised of 74 sites, of which 54 are owned by persons over 50 years, and the remaining 20 are vacant.

1. Palm Meadows provides facilities, security and access of a type designed to support seniors in independent living.  Social activities are organised for a group of people with similar needs, creating a satisfying environment.  It is a benefit to the community to have accommodation and facilities that meet the needs of older members of our society.

Views of the Anti-Discrimination Commissioner

1. The Anti-Discrimination Commissioner, by way of letter received by the Tribunal on 3 January 2012, has indicated that he has no objections to the Tribunal granting the exemption sought by the Applicant.

[10]  A similar exemption was granted in Palmpoint Pty Ltd [2011] QCAT 140, wherein this Tribunal provided the Applicant (also a manufactured home park), with a further period of exemption from the Act’s age discrimination provisions. In Palmpoint, the Applicant provided evidence that the residential village is centrally located on Bribie Island, which has a temperate climate, and is in close proximity to shops and facilities that are attractive to the aged and retirees.  As is the case here, in Palmpoint evidence established that an exemption would not disadvantage the wider community, as ample accommodation for younger persons was readily available.   

[11]  Further in Palmpoint, the majority of the residents were over 65 years of age, and the Tribunal accepted that (1) the amenities and facilities in the Residential Village were generally attractive to persons aged 50 years and over; and (2) that restricting accommodation to persons aged 50 years and over would benefit that particular demographic.  

Exemption granted

[12] It has been recognised that the purpose of s 113 of the Act is to allow people the protection and security of a shield against complaints of unlawful discrimination in circumstances where their proposed actions would constitute a prima facie case of unlawful discrimination.[1]

[1]        J & D Richards Developments Pty Ltd [2005] QADT 13.

[13]  In the present circumstances, it is my view that precisely the same principles that were at play in Palmpoint are again presented to the tribunal. 

[14]  Having now considered all the circumstances in the present case, I am satisfied that there exists a sufficient basis for an exemption, and make the following order:

That the applicant, JN & RA Cooper Pty Ltd, is exempt from the application of sections 7(f), 45, 46, 76, 77, 81, 82 and 83 of the Anti-Discrimination Act 1991 for the period from 30 March 2012 until 29 March 2017 in respect of the manufactured home sites located within Palm Meadows Village, 25 Coopers Road, Willowbank.