Partlett, david the racial discrimination act 1975 and the anti. The racial discrimination act and inconsistency under the australian constitution abstract the racial discrimination act 1975 cth has assumed a special place on the federal statute book in the forty years since its enactment. It allows people to complain about offensive or abusive behaviour in public based on racial hatred. The racial discrimination act was a statute passed by the whitlam government in 1975. An act relating to the elimination of racial and other discrimination cover freedom of association and discrimination in employment. Racial discrimination act 1975 antidiscrimination database. It was a legislative expression of a new commitment to multiculturalism. In order to implement their emergency response to child sexual abuse in the.
This act may be cited as the racial discrimination act 1975. The act protects people across australia from unfair treatment on the basis of their race, colour, descent, or. In the coming months, australia will have a polarising debate on the federal governments decision to amend section 18c of the racial discrimination act, one that will test the governments working relationship with indigenous people and other minority groups. From complaints about being called a pom to holocaust denial, the racial discrimination act has had a long and checkered history. Part ipreliminary 1 short title see note 1 this act may be cited as the racial discrimination act 1975. Comlaw, attorney generals department, australia pdf of act as amended to act no.
Australian human rights commission, sydney nsw australia, pp. For instance, the australian human rights commission received 561 complaints under the racial discrimination act, 453 complaints under the sex discrimination act and 740 complaints under the disability discrimination act for the years 2014 to 2015 2015. A history of section 18c and the racial discrimination act. Read the original 1975 racial discrimination act here. Racial discrimination act 1975 naccho aboriginal health.
The rda was australias first federal antidiscrimination law and applies throughout australia to all people regardless of their age or where they live. Racial discrimination queensland law handbook online. Section 18c of the racial discrimination act 1975 wikipedia. It provided for the south australian aorneygeneral to initiate criminal proceedings against those in breach of. The racial discrimination act high court of australia. Racial discrimination act 1975 sect 9 racial discrimination. Commonwealth racial discrimination act 1975 an act relating to the elimination of racial and other discrimination part iiprohibition of racial discrimination 9. The prohibition of discrimination act 1966 sa, the rst antidiscrimination law in australia, outlawed discrimination based on race, country of origin or colour of skin. The rda aims to ensure that everyone is treated equally, regardless of race, colour, descent. The racial discrimination act 1975 rda makes it unlawful to discriminate against a person because of his or her race, colour, descent, national origin or ethnic origin, or immigrant status.
The rda protects people from racial discrimination in many areas of public life, including employment, education. The racial discrimination act makes it unlawful throughout australia to discriminate against any person on the. Part ipreliminary 1 short title this act may be cited as the racial discrimination act 1975. Racial discrimination act 1975 federal register of legislation. The racial discrimination act reconciliation australia. Jan 29, 2016 a the racial discrimination act 1975 was amended by section 3 only of the administrative changes consequential provisions act 1976, subsection 27 of which provides as follows. The racial discrimination act 1975 rda makes it unlawful to discriminate against a person because of his or her race, colour, descent, national origin or ethnic. The racial hatred act why was the racial hatred act introduced. In 1975, as attorneygeneral for the commonwealth, he introduced into the parliament the bill that became the racial discrimination act 1975. The rda protects people from racial discrimination in many areas of public life, including employment, education, getting or using services, renting or. Former prime minister gough whitlam tells in his book the whitlam government 1972 1975 of the process his government followed in creating the racial discrimination act in 1975. The racial discrimination act 1975 cth, rda is a statute passed by the australian parliament during the prime ministership of gough whitlam. Commissioner means the race discrimination commissioner appointed under.
It is a section of the racial discrimination act 1975, which was passed by the australian parliament during the term of the whitlam government and makes racial discrimination unlawful in australia. The racial hatred act aims to strike a balance between two valued rights the right to communicate freely and the. In australia, its unlawful to do or say anything that is reasonably likely in all the circumstances to offend, insult, humiliate or intimidate another person or group of people because of race, colour, national or ethnic origin pursuant to section 18c of the racial discrimination act 1975 cth. Extract from the commonwealth racial discrimination act 1975. This is due to it operating as a national guarantee that rights shall be enjoyed. The racial discrimination act is administered by the australian human rights commission. Human rights and equal opportunity commission racial. The racial discrimination act in australia provides that racial discrimination is unlawful, and overrides inconsistent territory and state legislations that are likely to make territory, or state law ineffective to the extent of the inconsistency. The rda makes racial discrimination in certain contexts unlawful in australia, and overrides states and territory legislation to the extent of any inconsistency. The racial discrimination act of 1975 is an australian statute passed by the australian government.
Racial discrimination act 1975 sect 18c offensive behaviour because of race, colour or national or ethnic origin 1 it is unlawful for a person to do an act, otherwise than in private, if. Petition medicare discrimination affects vulnerable. Papers from the 40 years of the racial discrimination act 1975 cth conference. Service canberra wikipedia citation please see wikipedias template documentation for further citation fields that may be required. It was a legislative expression of a new commitment to multiculturalism, and reflected the ratification by australia of the international covention on the. Proposed amendments to the racial discrimination act 1975 freedom of speech repeal of s. Former prime minister gough whitlam tells in his book the whitlam government 19721975 of the process his government followed in creating the racial discrimination act in 1975. The racial discrimination act 1975 rda is a statute passed by the australian parliament during the prime ministership of labor gough whitlam. A complaint under the racial discrimination act 1975 act cth the act dated 25 july 1995 was lodged with the equal opportunity commission of victoria, as agent for the human rights and equal opportunity commission the commission, signed by the secretary of the australianmacedonian. An early draft of this paper was prepared while the author was a visiting fellow in the research school of social sciences, australian national university, canberra february. As a result, for the last 35 years, australia has had an obligation under international law to observe its terms and a further obligation not to repeal or water down the rda which implemented the convention into our domestic law in 1975. And in 1975 the commonwealth parliament enacted the racial discrimination act to give the terms of the convention force in australian law. Inquiry into the operation of part iia of the racial discrimination act. Rassendiskriminierung wurde durch dieses gesetz in australien.
The racial discrimination act, 1975 sometimes known for short as the rda was critical in the first mabo decision in 1988. It was a legislative expression of a new commitment to. Racial discrimination involves any act where a person is treated unfavourably because of their race, nationality, colour, descent or ethnic origin. Issues in contemporary australia edit this section may need to be rewritten to comply with wikipedias quality standards. The racial discrimination act national library of australia. It allows people to complain about offensive or abusive behaviour in public based on. Index table search search this act notes noteup download help. While some cases have ruled against racist remarks, many. The provisions which enabled ratification by australia of the. The racial discrimination act 1975 racial discrimination act implements australias obligations under the united nations international convention on the elimination of all forms of racial discrimination contained in the schedule of the act. Racial discrimination australian human rights commission. Convention on the elimination of all forms of racial discrimination. The rda is a law passed in 1975 by the whitlam government to make sure everyone in australia was treated equally and given the same opportunities regardless of their background.
Last updated 14 june 2017 the racial discrimination act 1975 cth racial discrimination act implements australias obligations under the united nations international convention on the elimination of all forms of racial discrimination contained in the schedule of the act. It was a legislative expression of a new commitment to multiculturalism, and reflected the ratification by australia of the international covention on the elimination of all forms of racial discrimination. Elimination of all forms of racial discrimination the convention. Discrimination is alive and well in todays society, and nursing is not immune to its effects. Racial discrimination act section 18c the facts section 18c of the racial discrimination act 1975 ensures all australians are protected from discrimination on the grounds of race, colour, descent or ethnic origin by making it unlawful for someone to publicly offend, insult, humiliate or intimidate a person or group of people. Combating racial discrimination is a key strategy for closing the gap in health outcomes between indigenous and nonindigenous australians and achieving the australian governments vision for an australian health system that is free of racism and inequality and where all aboriginal and torres strait islander people have access to health services that are effective, high quality, appropriate and affordable. The passing of the racial discrimination act meant that australia had adopted international standards of anti. In 1985 the queensland parliament had passed an act to block eddie mabos court case. These purposes may be directed toward something in australia or overseas. Racial discrimination act 1975 sect 18c offensive behaviour. Commission means the australian human rights commission. Reinstatement of the racial discrimination act 1975. The racial discrimination act 1975 cth was a landmark in australian race relations. Racial discrimination act 1975 table of provisions long title part ipreliminary 1.
Racial discrimination pdf racial discrimination word racial discrimination occurs when a person is treated less favourably, or not given the same opportunities, as others in a similar situation, because of their race, the country where they were born, their ethnic origin or their skin colour. Making multicultural australia multicultural research. The racial hatred act, introduced in october 1995, is an amendment to the racial discrimination act 1975. The 1975 racial discrimination act made the use of racial criteria for any official purpose illegal with the exception of census forms. Australian racism and human rights laws and policies. The racial discrimination act australian human rights. The law and penalties for racial discrimination in australia. Section 18a 12 racial discrimination act 1975 b one of the reasons is the race, colour, descent or national or ethnic origin of a person whether or not it is the dominant reason or a substantial reason for doing the act. Section 18c of the racial discrimination act 1975, deals with offensive behaviour because of race, colour or national or ethnic origin in australia. Recent commentary about the socalled french idea of free speech is fuelling confusion and misinformation in the debate about section 18c of the racial discrimination act 1975 in australia. The racial hatred act gives effect to some of australias obligations under the international covenant on civil and political rights and the international convention on the elimination of all forms of racial discrimination. Racial discrimination to be unlawful 1 it is unlawful for a person to do any act involving a distinction, exclusion, restriction or preference based on. In general, racism is a belief that a particular race or ethnicity is inferior or superior to others.
I introduction australia has now three pieces of legislation that attempt to deal with racial discrimination. George williams and daniel reynolds the racial discrimination act and inconsistency under the australian constitution abstract the racial discrimination act 1975 cth has assumed a special place on the federal statute book in the forty years since its enactment. These acts provide the legislative context and foundation for the antiracism policy of the department. The nsw antidiscrimination act 1977 along with the commonwealth racial discrimination act 1975 make racial discrimination and vilification illegal in new south wales. Racial discrimination act 1975 3 torres strait islander means a person who is a descendant of an indigenous inhabitant of the torres strait islands.