Racial Discrimination Act 1975

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The Racial Discrimination Act 1975 [1] is a statute passed by the Australian Parliament during the Prime Ministership of Labor Gough Whitlam.

The Act 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 power of the national Parliament to pass this over-riding law arises under the "external affairs" power contained in section 51(xxix) 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 decision in Koowarta v. Bjelke-Petersen in 1982.

[edit] What is racial discrimination?

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.

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

• Employment (section 15) - eg when seeking employment, training, promotion, equal pay or conditions of employment;
• Land, housing or accommodation (section 12) - eg when buying a house or when renting;
• Provision of goods and services (section 13) - eg 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) - eg when trying to use parks, libraries, government offices, hotels, places of worship, entertainment centres, hire cars;
• Advertising (section 16) - eg advertising for a job stating that people from a certain ethnic group cannot apply;
• Joining a trade union (section 14).

The Act also prohibits offensive behaviour based on racial hatred (racial vilification) (section 18C).

[edit] Human Rights and Equal Opportunity Commission

The Racial Discrimination Act is administered by the Human Rights and Equal Opportunity Commission (HREOC) with a HREOC Commissioner responsible for investigating complaints.