YFS Ltd[2015] QCAT 295

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

REASONS FOR DECISION

1. [1]
   YFS Ltd is a company limited by guarantee.  YFS Ltd was registered in Queensland on 6 December 2013.
2. [2]
   YFS Ltd provides services under a contract with the Department of Communities, Child Safety and Disability Services in a Domestic and Family Violence Perpetrator Invention Program.  That service provides individual counselling and group behaviour change programs to men aged 17 years or more who have used domestic and family violence in their intimate relationships.  
3. [3]
   The organisation provides these services with the aim of changing the abusive behaviour of men who perpetrate domestic and family violence.  There is a focus on addressing attributes that contribute to domestic and family violence.  
4. [4]
   The staff who provide the services consist of two female workers and two male workers.  According to the evidence of Catherine Bartolo, Chief Executive Officer of the organisation, this mix of workers is necessary to ensure service delivery is in accordance with the Professional Practice Standards formulated by the Department of Communities for working with men who perpetrate domestic and family violence. Those Practice Standards require group programs to be co-facilitated by one male and one female facilitator. 
5. [5]
   YFS Ltd delivers four group programs with a combination of day and evening work.  Each worker is required to co-facilitate two groups per week.  Ms Bartolo states that when there is staff turn-over, her organisation needs to recruit to ensure the male-female co-facilitating can continue within the teams.  
6. [6]
   The Practice Standards, under which YFS Ltd must work in the delivery of the Male Perpetrator Programs, mandate that if there are two female facilitators, they can only perform two consecutive sessions or three in total with a male perpetrator group before an alternative must be found or the sessions must be cancelled.   When there are two male facilitators, the organisation is required by the Practice Standard to make every effort to employ a suitable trained female facilitator. 
7. [7]
   Ms Bartolo states that because of the requirements of the Practice Standard, her organisation needs to ensure a gender balance in the domestic violence team.  YFS Ltd has applied for an exemption under section 113 of the Anti-Discrimination Act 1991 (Qld) to permit the recruitment and hiring of staff of a specific gender when the need arises following the exit of staff from time to time.  The organisation is seeking an exemption from the application of sections 14, 15 and 127 of the Act.
8. [8]
   Prior to incorporating, YFS was previously known as Youth and Family Service (Logan City) Inc.  Due to the change brought about by incorporation, a new service agreement was entered into with the Department of Communities for the delivery of Domestic and Family Violence Prevention services until 31 December 2017.
9. [9]
   In July 2012 QCAT had granted an exemption to the former Youth and Family Service (Logan City) Inc to permit advertising for and employing of specifically male or female caseworkers for its domestic violence team.^[1]  This exemption was in operation until 31 December 2013. 
10. [10]
    Apart from the change in the entity involved brought about by incorporation, the factual basis of the case for an exemption presented by Youth and Family Service (Logan City) Inc and YFS Ltd is the same. The Anti-Discrimination Commissioner has informed QCAT that he has no objection to an exemption being granted.
11. [11]
    I adopt the findings made by Member Gardiner on 29 July 2012 that the specific exemptions arising from the defences in sections 25 and 104 of the Act may not be applicable to permit YFS Ltd to recruit and hire workers from a specific gender from time to time.  I endorse her conclusion that striving to achieve a gender balance in a program that promotes the prevention of domestic violence and the protection of victims, whatever their gender, would reflect the aspirations and needs of contemporary society. 
12. [12]
    I am satisfied that it is appropriate for QCAT to provide the requested exemption to YFS Ltd having already considered and approved an exemption for its counterpart prior to incorporation.  The only material change is the incorporation of the entity providing the services. 
13. [13]
    YFS Ltd is exempted from the application of sections 14, 15 and 127 of the Act in relation to the attribute referred to in section 7(a) of the Act until 31 December 2017.