The Racial Discrimination Act 1975 (Cth) (RDA) makes racial discrimination unlawful in Australia. It aims to ensure that human rights and freedoms are enjoyed in full equality irrespective of race, colour, descent, national or ethnic origin, being an immigrant or being a relative or associate of someone of a particular ethnicity or other status. The RDA applies to everyone in Australia including businesses, schools, local governments, State and Territory government agencies and departments and Commonwealth government agencies and departments. No-one is entitled to discriminate on racial grounds where that discrimination means someone's human rights are affected.
The RDA overrides racially discriminatory State or Territory legislation, making it ineffective. However, Commonwealth legislation which is racially discriminatory is not overridden.
The Racial Hatred Act 1995 (Cth) amended the RDA by making offensive behaviour based on race unlawful. (Human Rights and Equal Opportunity Commission, The Racial Discrimination Act) http://www.humanrights.gov.au/racial_discrimination/guide_to_rda/ (at 26 November 2004). |