The Racial Discrimination Act makes it illegal to discriminate against people based on race, color, ethnicity, and immigration status in Australia. It covers areas such as work, services, education, housing, and sports. The act also prohibits racially offensive comments and artwork, with exceptions for certain contexts. Indigenous groups can receive financial assistance under special distinctions. The Australian Human Rights Commission administers all acts of discrimination since 1986.
The Racial Discrimination Act was enacted in Australia in 1975 and makes it illegal to discriminate against people based on their race, colour, ethnicity and immigration status. The law did not cover other types of discrimination, such as that based on sexual orientation, which was later regulated by later legislation, such as the Sex Discrimination Act 1984. Under the Racial Discrimination Act, a number of discriminatory acts were made illegal . For example, it is against the law to refuse work, services, education or access to premises based on race. Other areas covered by the legislation include housing, club membership, access to government programs, and participation in sports.
The Racial Discrimination Act was passed by the Australian Parliament in 1975. It is one of a number of discrimination acts passed in Australia, including the Sex Discrimination Act, the Age Discrimination Act, the Disability Discrimination Act and the Racial Hatred Act. After Since 1986, all acts of discrimination have been administered under the Australian Human Rights Commission (AHRC). The AHRC collects and investigates complaints from individuals who believe they have witnessed or been subjected to racial discrimination.
The act sanctioned exceptions to its rules. Some individuals and groups of people may receive special distinctions and privileges in addition to others if they need government assistance to thrive. Indigenous groups in Australia have long been impoverished and economically disadvantaged. The law provides for a special distinction on the basis of which they can receive financial assistance. Of course, such distinctions do not qualify as discrimination in any bad sense of the word, and therefore do not violate the spirit of the act.
The Racial Discrimination Act applies not only to discrimination, but also to racial defamation. This even makes it illegal to make racially offensive comments in certain arenas, such as blogs and Internet chat rooms, at sporting events, and during public speeches. Technically, any racially offensive comment made in public could be considered a felony according to the wording of the act. The act also includes racially offensive artwork, graffiti, and posters. This contrasts heavily with the United States’ approach to racial discrimination, where anti-discrimination laws are enforced, but racially offensive speech cannot be considered a crime due to the First Amendment right to free speech .
The act is careful to list places and circumstances where racially offensive speech would be permitted, for example by actors in a play, where the offense is fictitious and not real. Other exceptions include academic publications and media reports. The Racial Discrimination Act also recognizes that there may be instances where something is said that could be construed as racially offensive, but was justifiable in context.
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