Racial Discrimination Act 1975
The Racial Discrimination Act 1975 (RDA) was Australia’s first federal anti-discrimination legislation, giving effect to the International Convention on the Elimination of All Forms of Racial Discrimination. The Act prohibits discrimination on the basis of race, colour, descent, or national or ethnic origin in various areas of public life, including employment, education, housing, and access to goods and services. Section 18C makes it unlawful to offend, insult, humiliate, or intimidate another person on racial grounds. The Act is administered by the Australian Human Rights Commission, which investigates and conciliates complaints. The RDA was the model for subsequent Commonwealth anti-discrimination legislation.
Legal area: Human rights law prohibits discrimination on various grounds and establishes institutional mechanisms for the protection and promotion of human rights.
Year enacted: 1975
Full text: https://www.legislation.gov.au/Details/C1975A00052
Key Provisions
- Section 9: Prohibition of racial discrimination (racial discrimination in public life)
- Section 10: Right to equality before the law
- Section 11: Right to marry and choose spouse (against racial restrictions)
- Section 12-16: Prohibited areas (employment, education, housing, goods and services)
- Section 18C: Offensive behaviour based on racial hatred
- Section 18D: Exceptions (fair reporting, artistic works, academic purposes)
- Part III: Complaint handling by the Australian Human Rights Commission
Significance
The Racial Discrimination Act 1975 is a landmark of Australian human rights law. The Act was used to invalidate the Queensland Government’s abolition of the Aboriginal and Torres Strait Islander heritage protection system (Koowarta v Bjelke-Petersen, 1982) and to uphold native title following the Mabo decision (Native Title Act 1993). Section 18C has been the subject of significant political debate and several attempts at amendment, with proponents arguing it restricts freedom of speech and opponents arguing it protects vulnerable groups from racial vilification.