Racial Discrimination Act 1975
Racial Discrimination Act 1975
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Racial Discrimination Act 1975

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Racial Discrimination Act 1975

The Racial Discrimination Act 1975 (Cth) is an Act of the Australian Parliament, which was enacted on 11 June 1975 and passed by the Whitlam government. The Act makes racial discrimination in certain contexts unlawful in Australia, and also overrides state and territory legislation to the extent of any inconsistency.

The Act is administered by the Australian Human Rights Commission (AHRC). The president of the commission is responsible for investigating complaints. If a complaint is validated, the commission will attempt to conciliate the matter. If the commission cannot negotiate an agreement which is acceptable to the complainant, the complainant's only redress is through the Federal Court of Australia or through the Federal Circuit and Family Court of Australia. The commission also attempts to raise awareness about the obligations that individuals and organisations have under the Act.

Racial discrimination occurs under the Act when someone is treated less fairly than someone else in a similar situation because of their race, colour, descent or national or ethnic origin. Racial discrimination can also occur when a policy or rule appears to treat everyone in the same way but actually has an unfair effect on more people of a particular race, colour, descent or national or ethnic origin than others.[citation needed]

It is against the law to discriminate in areas such as:

In Bligh and Ors v State of Queensland [1996] HREOCA 28, the Human Rights and Equal Opportunity Commission (precursor to the Australian Human Rights Commission) found in favour of a number of Aboriginal applicants who had worked on Great Palm Island Aboriginal reserve and were underpaid between 31 October 1975 (the Act's start date) and 31 May 1984. A$7,000 was awarded to each applicant, although the evidence suggested that the loss of income A$8,573.66 to A$20,982.97. Following this case, the Queensland Government settled 5,729 claims with a single payment of A$7,000 under the Award Wages Process, established in May 1999, to Indigenous people employed by the government on Aboriginal reserves between 1975 and 1986 (the date their policy of paying below-award rates to Indigenous Australians officially ended).

In Wotton v Queensland (No 5) police raids and behaviour following the 2004 Palm Island community riot, sparked by the death in custody of an Aboriginal man, were found to have breached the Racial Discrimination Act with $220,000 in damages awarded in 2016. Police actions were described in the judgement as "unnecessary, disproportionate" with police having "acted in these ways because they were dealing with an Aboriginal community." Dozens of police officers in riot gear wearing balaclavas with no identification and carrying large guns had marched into the community conducting early-morning raids on 27 November 2004. Residents reported officers kicking down doors, pointing guns at children's heads, and tasering residents. with one resident and his partner awarded $235,000 compensation for assault, battery and false imprisonment in a separate case. Subsequently, this led to a record class action settlement of $30 million and a formal apology issued by the Queensland State Government in May 2018.

Section 18C of the Act makes it is unlawful for a person to do an act in public if it is reasonably likely to "offend, insult, humiliate or intimidate" a person of a certain race, colour or national or ethnic origin, and the act was done because of one or more of those characteristics.

While some conservative politicians have claimed the bar for breaching 18C is too low, courts have consistently shown that this is not the case, and to fall within 18C the speech must have "... profound and serious effects, not to be likened to mere slights."

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