Part i preliminary section 3 2 racial discrimination act 1975 3 interpretation 1 in this act, unless the contrary intention appears. The landmark racial discrimination act 1975 cth rda was enacted in the mid1970s, followed by federal legislation prohibiting discrimination on grounds other than race, such as sex and disability. Of those surveyed, 54 per cent felt their knowledge about the history of australias first peoples was low, while almost two. The racial discrimination act reconciliation australia. To save the document, rightclick on the link and select save target as from the context menu. Harassment can include, for example, racial slurs, offensive or derogatory remarks about a persons race or color, or the display of raciallyoffensive symbols. Information sheet complaints under the racial discrimination act. 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 racial discrimination act rda has featured in the news recently with the governments plan to reintroduce the rda after it was suspended as part of the northern territory intervention in 2007. Partlett, david the racial discrimination act 1975 and the anti. Australian racial discrimination act amendment english. The racial discrimination act 1975 this legislation was passed to outlaw any acts which discriminate against any australians on the basis of race. 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.
It is a powerful and important statement that racial discrimination will not be tolerated in australian society. The federal circuit court may provide substantive relief, interim relief in relation to complaints under the racial discrimination act 1975, sex discrimination act 1984, disability discrimination act 1992 and the australian human rights commission act 1986. The first statute in australia to specifically deal with racial discrimination, or indeed discrimination against any group, was the prohibition of discrimination act 1966 in south australia. Disability discrimination act 1992 psychology wiki fandom. Making multicultural australia multicultural research. Racial discrimination australian human rights commission. Constitution and the civil rights act of 1964 work in concert to ensure that each residents rights and standing under the law are not damaged by their race. Making multicultural australia timeline commentary. It is interesting, at least in part, because many people are strongly opposed to race. 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.
Racial discrimination act 1975 naccho aboriginal health. The notes at the end of this compilation the endnotes include information about amending laws and the amendment history of provisions of the. Ebook or pdf edited book email encyclopedia article govt. Journal of indigenous policy issue 61 suspending the racial discrimination act, 1975 cth. Comlaw, attorney generals department, australia pdf of act as amended to act no. Racial vilification and racially motivated offences. It was passed particularly to protect indigenous australians against discrimination. The disability discrimination act 1992 dda was an act passed by the parliament of australia in 1992 to promote the rights of people with disabillities in certain areas such as housing, education and provision of goods and services. Naccho does not believe the operation of part iia of the racial discrimination act 1975 cth the rda imposes unreasonable restrictions upon freedom of speech taking into account the meaning given to that phrase in the terms of reference, or that sections 18c and 18d should be reformed. The rda makes racial discrimination in certain contexts unlawful in australia, and overrides states and territory legislation to the extent of any inconsistency the rda is administered by the australian human rights commission ahrc. Aboriginal means a person who is a descendant of an indigenous inhabitant of australia but does not include a torres strait islander. The only exception to this general rule is in the context of special measures, which may be introduced to overcome disadvantage or institutional or structural discrimination.
It is the purpose of this chapter to prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. Rassendiskriminierung wurde durch dieses gesetz in australien. Ratification of convention part iiprohibition of racial discrimination 8. Racial discrimination queensland law handbook online. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. This is a compilation of the racial discrimination act 1975 as in force on 1 january 2014. A brief guide to the federal racial discrimination act 1975. Racial vilification and racially motivated offences 2 antidiscrimination act 1998 tas, the criminal code or the sentencing act 1997 tas. In 1975, the australian federal government introduced legislation that prohibited discrimination, by any arm of government, on the basis of race, nationality or ethnic origin. Equal opportunity act 2010, race discrimination act 1975, age discrimination act 2004 and sex discrimination act 1984. How to file a discrimination complaint with the office for civil rights the office for civil rights ocr enforces five federal civil rights laws that prohibit discrimination on the basis of race, color, national origin, sex, disability and age in programs or activities that receive. It shares a common philosophy with other disability. The racial discrimination act 1975 cth, rda is a statute passed by the australian parliament during the prime ministership of gough whitlam. In 1975, the year the racial discrimination act was introduced by the whitlam government, australias population was just over.
Racial discrimination act 1975 sect 18coffensive behaviour because of race, colour or national or ethnic origin. The rda protects people from racial discrimination in many areas of public life, including employment, education. The racial discrimination act 1975 rda is a statute passed by the australian parliament during the prime ministership of gough whitlam the rda makes racial discrimination unlawful in australia and overrides inconsistent states and territory legislation, making the state or territory law ineffective to the extent of the inconsistency. The racial discrimination act makes it unlawful throughout australia to discriminate against any person on the. This guide is only applicable for those staff employed in ucl australia. Racial discrimination act 1975 table of provisions long title part ipreliminary 1. What the equality act says about race discrimination. Racial discrimination act 1975 sex discrimination act 1984 human rights and equal opportunity commissions act 1986 disability discrimination act 1992 equal opportunity for women in the workplace act 1999 the federal body that deals with legal complaints and disputes involving discrimination is the human. Under the age act, recipients may not exclude, deny, or limit services to, or otherwise discriminate against, persons on the basis of age. A racial group can be made up of two or more distinct racial groups, for example black.
The racial discrimination act 1975 cth rda was the first piece of. 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. The racial discrimination act was a statute passed by the. If you file a complaint with veohrc or vcat, you cannot then change to the commonwealth jurisdiction see below. The first chapter will set out a brief overview of the relevant legislation in each of the jurisdictions. The racial discrimination act aims to ensure that all people are treated equally. The racial discrimination act 1975 cth the rda makes it against the law to treat you unfairly because of your race, colour, descent, national or ethnic origin or immigrant status the rda also makes racial hatred against the law. Racial discrimination act 1975 sect 10 rights to equality before the law 1 if, by reason of, or of a provision of, a law of the commonwealth or of a state or territory, persons of a particular race, colour or national or ethnic origin do not enjoy a right that is enjoyed by persons of another race, colour or national or ethnic origin, or enjoy a right to a more limited extent than persons.
Domestic and international dimensions cosima hay mcrae introduction this article is concerned with the suspension of the racial discrimination act 1975 cth the rda under the northern territory intervention legislation intervention legislation introduced in august 2007. We are writing on behalf of the western suburbs legal service, brimbank melton community legal. Modeled after the civil rights act of 1964 title vi provisions and section 504 of the rehabilitation act, the age discrimination act of 1975, prohibits discrimination on the basis of age in programs and activities that receive federal assistance such as educational programs, health care services, housing, welfare, food stamps, and. The racial discrimination act of 1975 is an australian statute passed by the australian government. Extract from the commonwealth racial discrimination act 1975. We explain its definition, areas covered and what constitutes discrimination. The racial discrimination act 1975 rda is a statute passed by the australian parliament during the prime ministership of labor gough whitlam. Racial discrimination act 1975 federal register of. Proposed amendments to part iia of the racial discrimination act 1975 thank you for the invitation to comment on the proposed amendments to the racial discrimination act 1975 cth.
Race discrimination equality and human rights commission. Unicef australia submission to proposed amendments to the racial discrimination act 1975 cth 2 1. It is unlawful to harass a person because of that persons race or color. Development of antidiscrimination laws in australia since. Ocr enforces the age discrimination act of 1975 age act, which prohibits discrimination on the basis of age in hhsfunded programs and activities. Therefore, since 1970s the australian government had focused on the development based on the principle of equality and equal opportunity laws such as. The equality act 2010 says you must not be discriminated against because of your race. Commonwealth racial discrimination act 1975 an act relating to the elimination of racial and other discrimination part iiprohibition of racial discrimination 9. Proposed amendments to the racial discrimination act 1975. Australian racial discrimination act amendment english bibliographies in harvard style. Racial discrimination act 1975 cth the racial discrimination act 1975 rd act also makes race discrimination unlawful in the area of employment which covers all types employment relationships, including commonwealth government. Racial discrimination act 1975 antidiscrimination database.
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. An act relating to the elimination of racial and other discrimination. The whitlam government and the racial discrimination act. A brief guide to the federal racial discrimination act 1975 adapted from the australian human rights commission. 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. It includes any commenced amendment affecting the legislation to that date.
It was a legislative expression of a new commitment to multiculturalism. These sorts of campaigns had their roots in the racial discrimination act, a law passed by the commonwealth parliament in 1975. The power of the national parliament to pass this over. Racial discrimination racial discrimination occurs when an individual is subjected to unequal treatment because of their actual or perceived race. The federal government has also passed to following acts prohibiting discrimination. This legislation was passed to outlaw any acts which discriminate against any. Weve put together five fast facts to help you get your head around the rda. In considering this issue, a number of key questions will be asked.
Fast forward 40 years and 24 million people now call australia home, living in relative harmony in a rich and vibrantly multicultural society. The racial discrimination act 1975 cth was a landmark in australian race relations. An international comparison of the racial discrimination. This statute was limited in its scope and was eventually repealed and replaced by the racial discrimination act 1976 sa. The racial discrimination act 1975 cth the rda makes it against the law to treat you unfairly because of your race, colour, descent, national or ethnic origin or immigrant status.