Racial Discrimination Act 1975
Encyclopedia
The Racial Discrimination Act 1975 (RDA) is a statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...

 passed by the Australian Parliament
Parliament of Australia
The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...

 during the Prime Ministership
Prime Minister of Australia
The Prime Minister of the Commonwealth of Australia is the highest minister of the Crown, leader of the Cabinet and Head of Her Majesty's Australian Government, holding office on commission from the Governor-General of Australia. The office of Prime Minister is, in practice, the most powerful...

 of Labor
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...

 Gough Whitlam
Gough Whitlam
Edward Gough Whitlam, AC, QC , known as Gough Whitlam , served as the 21st Prime Minister of Australia. Whitlam led the Australian Labor Party to power at the 1972 election and retained government at the 1974 election, before being dismissed by Governor-General Sir John Kerr at the climax of the...

.

The RDA makes racial discrimination unlawful in Australia and overrides inconsistent States and Territory
States and territories of Australia
The Commonwealth of Australia is a union of six states and various territories. The Australian mainland is made up of five states and three territories, with the sixth state of Tasmania being made up of islands. In addition there are six island territories, known as external territories, and a...

 legislation, making the State or Territory law ineffective to the extent of the inconsistency. The power of the national Parliament to pass this over-riding law arises under the "external affairs" power contained in section 51(xxix)
Section 51(xxix) of the Australian Constitution
Section 51 of the Australian Constitution is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament of Australia the right to legislate with respect to "external affairs"....

 of the Australian Constitution. The power arose from the International Convention on the Elimination of all Forms of Racial Discrimination to which Australia is a signatory. This use of the power in this manner was confirmed in the landmark High Court
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...

 decision in Koowarta v. Bjelke-Petersen in 1982.

Definition of racial discrimination under the Act

Racial discrimination occurs under the RDA 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.

It is against the law to discriminate in areas such as:
  • Employment (section 15) - e.g. when seeking employment, training, promotion, equal pay or conditions of employment;
  • Land, housing or accommodation (section 12) - e.g. when buying a house or when renting;
  • Provision of goods and services (section 13) - e.g. when buying something, applying for credit, using banks, seeking assistance from government departments, lawyers, doctors and hospitals, or attending restaurants, pubs, entertainment venues;
  • Access to places and facilities for use by the public (section 11) - e.g. when trying to use parks, libraries, government offices, hotels, places of worship, entertainment centres, hire cars;
  • Advertising (section 16) - e.g. advertising for a job stating that people from a certain ethnic group cannot apply;
  • Joining a trade union (section 14).

Racial Hatred Act

The Racial Hatred Act ("RHA") was introduced in October 1995 and extends the coverage of the RDA to prohibit offensive behaviour based on racial hatred (racial vilification)(section 18C).

The RHA covers public acts which are done, in whole or in part, because of the race, colour, or national or ethnic origin of a person or group AND reasonably likely in all the circumstances to offend, insult, humiliate or intimidate that person or group.

Human Rights and Equal Opportunity Commission

The Racial Discrimination Act is administered by the Australian Human Rights Commission ("AHRC"), the Australian human rights and equal opportunities watchdog, with an Australian Human Rights Commissioner responsible for investigating complaints.

The Commission also attempts to raise awareness about the obligations that individuals and organisations have under the Act.

Northern Territory National Emergency Response in relation to the RDA

The Australian Human Rights Commission is opposed to the exemption of the Northern Territory National Emergency Response Bill 2007
Northern Territory National Emergency Response Bill 2007
The Northern Territory National Emergency Response Bill 2007 is one of five bills comprising the legislative package for the Northern Territory National Emergency Response, introduced by the Coalition Government under Prime Minister John Howard in 2007.-Exemption from the Racial Discrimination Act...

 from the RDA.

See also

  • Australian Human Rights Commission
  • Northern Territory National Emergency Response
    Northern Territory National Emergency Response
    The Northern Territory National Emergency Response was a package of changes to welfare provision, law enforcement, land tenure and other measures, introduced by the Australian federal government under John Howard in 2007 to address claims of rampant child sexual abuse and neglect in Northern...

  • Racism in Australia
    Racism in Australia
    Racism in Australia has been documented since the arrival of Europeans in 1788. As the diversity of cultural and racial backgrounds within Australia increased, racism has remained an important local issue.-Indigenous Australians:...


External links

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