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Topic: Racial Discrimination Act 1975


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  Division of Human Resources - Organisational Development
Racial hatred refers to an act done because of the race, colour, national or ethnic origin of a person or group of people which is likely to offend, insult, humiliate or intimidate.
While the Act prohibits discrimination, it also recognises that for social and historical reasons it is sometimes necessary to provide benefits to a particular group or minority in order to overcome the effects of past discrimination and support social participation on an equal footing with the rest of the community.
Under the Age Discrimination Act it is not unlawful to provide a benefit to a particular group where the action is intended to meet a need that arises from that age group.
www.csu.edu.au /division/humres/services/sd/equal/legislation.htm   (1495 words)

  
 Jureidini, R. - People and Place Vol. 5 No. 1
Although the act may be ‘done in the sight or hearing of people who are in a public place’, there is no requirement that a third party be witness to an act of racial hatred.
The criminal sanctions against incitement to racial hatred were criticised by Phillip Ruddock, who argued that the provisions of the proposed section 60 of the Crimes Act did not place the ‘onus upon the law’ to establish intention to incite racial hatred.
Racial hatred complaints concerning the ‘provision of goods and services’ (8 per cent) occur when a person is subjected to an act of racial hatred in the course of receiving goods and services.
elecpress.monash.edu.au /pnp/free/pnpv5n1/jureidin.htm   (6721 words)

  
 Human Rights and Equal Opportunity Commission Website: Racial Discrimination
It is racial discrimination to treat someone less favourably because of his or her race, colour, descent, national origin or ethnic origin than someone of a different 'race' would be treated in a similar situation.
It is also racial discrimination to make everyone satisfy the same criterion when the effect is that a higher proportion of people of one 'race' cannot satisfy it, unless the criterion is reasonable and relevant to the particular circumstances.
Other important human rights which can be impaired by racial discrimination include the right to equal treatment by the courts and other agencies in the legal system, the rights to vote and join the public service and the right to privacy.
www.humanrights.gov.au /racial_discrimination/guide_to_rda/index.html   (612 words)

  
 Racial Discrimination Act 1975 - Wikipedia, the free encyclopedia
The Racial Discrimination Act 1975 is a statute passed by the Parliament of Australia under the Government of former Labor Prime Minister Gough Whitlam.
The Racial Discrimination Act overrides inconsistent State or Territory legislation, making it ineffective to the extent of the inconsistency.
The Commonwealth passed this Act after it signed the International Convention on the Elimination of all Forms of Racial Discrimination, therefore the Act was passed under the "external affairs" power enacted in section 51(xxix) of the Australian Constitution.
en.wikipedia.org /wiki/Racial_Discrimination_Act_1975   (156 words)

  
 [No title]   (Site not responding. Last check: 2007-10-17)
The Land Rights Act was intended to achieve, and does in fact achieve, the result of preserving land vested in a Land Trust for the benefit of Aboriginals who have common spiritual affiliations with the land or are entitled by Aboriginal tradition to forage as of right over the land.
It was argued that the provisions of the Land Rights Act and the power to make grants of land pursuant thereto are subject to the provisions of the Racial Discrimination Act which is an important restraint upon legislative power to extinguish or diminish common law native title.
That discrimination is the essence of the Act; it is the foundation on which it is structured.
www.arts.uwa.edu.au /Anthropwww/archives/native_title/parer.txt   (6267 words)

  
 Islamophobia: Is It Racism?, Moriel Ministries
The RDA does not contain an 'objects' clause but its preamble stipulates that the intention of the Act is 'to make provision for giving effect to the [Race] Convention' and to prohibit 'racial discrimination and certain other forms of discrimination'.
Attorney-General Enderby began his 1975 Second Reading speech about the RDA with the statement that, 'The purpose of this Bill is to make racial discrimination unlawful in Australia and to provide an effective means of combating racial prejudice in our country'.
Discrimination, measures of intolerance and xenophobic practices cannot be defined or dealt with separately.
www.moriel.org /discernment/islam/islamophobia.htm   (3324 words)

  
 HREOC Website: Complaints Information - Racial Discrimination Act Information Sheet
Racial discrimination happens 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 happen 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.
The act must have occurred within sight and hearing of other people, (although other people do not have to be present) or in a place to which the general public is invited or has access.
www.hreoc.gov.au /complaints_information/guides/info_sheet_rda.html   (1230 words)

  
 [No title]   (Site not responding. Last check: 2007-10-17)
The Racial Discrimination Act deals with the appointment of the Race Discrimination Commissioner ("the Commissioner") and provides that the Commissioner holds office for such period, not exceeding seven years, as is specified in the instrument of appointment, but is eligible for re-appointment (2 s.30(1)).
The second defendant was appointed pursuant to s.24F of the Act which empowers the Minister to appoint a person to participate, in accordance with the section, "in the performance of the functions of the Commission".
Part III of the Racial Discrimination Act is that part which provides for inquiries into complaints, their determination by the Commission and their registration in the Federal Court.
www.arts.uwa.edu.au /AnthropWWW/archives/native_title/brandy.txt   (7029 words)

  
 Kokotinna -
Racial Discrimination is unlawful and is defined as unfair treatment on the basis of race.
Direct racial discrimination occurs when a person is treated less favourably than someone else in a similar situation because of their race.
As mentioned above, the Racial Discrimination Act 1975 (Cth) was enacted by the Commonwealth in response to ratifying the International Convention on the Elimination of All Forms of Racial Discrimination.
www.flinders.edu.au /kokotinna/SECT01/Y_OBLIGB.HTM   (581 words)

  
 Human Rights and Equal Opportunity Commission Website: Racial Discrimination
Racial discrimination happens when someone is treated less fairly because of their race, colour, descent, national origin or ethnic origin than someone of a different 'race' would be treated in a similar situation.
Racial discrimination can also happen when a policy or rule that treats everyone in the same way has an unfair effect on more people of a particular race, colour, descent, or national or ethnic origin than others.
Acting Race Discrimination Commissioner Tom Calma said that improved public education through the provision of accurate information about the different ethnic, racial and religious groups which make up Australia's diverse multicultural mix, as well as strong leadership, were the keys to living in a more harmonious society.
www.hreoc.gov.au /racial_discrimination   (2513 words)

  
 Human Rights and Equal Opportunity Commission Website: Racial Discrimination
Was the Queensland Act inconsistent with the RDA?
Was the WA Act inconsistent with the RDA or the NTA, and thus invalid to the extent of the inconsistency?
Therefore the WA Act was invalid because it was inconsistent with the RDA.
www.hreoc.gov.au /racial_discrimination/guide_law/landmark.html   (1758 words)

  
 E Law: CONSTITUTIONAL VALIDITY OF THE COMMONWEALTH'S NATIVE TITLE REGIME CONFIRMED: THE STATE OF WESTERN AUSTRALIA v ...
Second, at the time the W.A. Act commenced operation, native title existed in Western Australia in respect of land where the continuing right of Aborigines to enjoy their native title was inconsistent neither with the grant of an interest nor with a valid appropriation of the land for the use of the Crown.
Section 5 is concerned to confirm retrospectively the validity of titles granted in the period between the commencement of the Racial Discrimination Act 1975 (Cth) (31 October 1975) and the commencement of Parts 2 and 3 of the W.A. Act (2 December 1993).
It removes residual uncertainty as to the possible inconsistency of the W.A. Act with the Racial Discrimination Act, as to the constitutional foundations of the Native Title Act and as to possible discrimination against Western Australia or impairment of the legislative or executive functions of that State.
www.murdoch.edu.au /elaw/issues/v2n1/pritchard21.html   (5113 words)

  
 New Page 6
The University of New South Wales is committed to the goal of freedom from racial discrimination, harassment and vilification in its work and learning environment and to ensuring that individuals and groups are not disadvantaged because of their race (including colour, nationality, descent or ethnic or ethno-religious or national origin).
Racial Discrimination, harassment or vilification of students, staff or members of the general public will not be tolerated on University premises at any time.
Racial discrimination is often compounded by other forms of discrimination, for example, based on sex or disability and this policy acknowledges the importance of taking other forms of discrimination into account in programs aimed at eliminating racial discrimination, harassment and/or vilification in employmetnt and education.
victorian.fortunecity.com /woodcut/1505/rac-policty.htm   (446 words)

  
 Disability Discrimination Act 1992 - Wikipedia, the free encyclopedia
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.
It shares a common philosophy with other disability discrimination acts around the world that have emerged in the late 20th and early 21st century, as well as earlier civil rights legislation designed to prevent racial discrimination and sex discrimination.
Complaints made under the DDA are made to the HREOC (Human Rights and Equal Opportunity Commission), which also handles complaints relating to the Racial Discrimination Act 1975, Sex Discrimination Act 1984, Age Discrimination Act 2004 and the Human Rights and Equal Opportunity Commission Act 1986.
en.wikipedia.org /wiki/Disability_Discrimination_Act_1992   (411 words)

  
 Western Australia versus Ward: Native Title cases: Australian Local Government Association
In some cases the Racial Discrimination Act 1975 (Cth) is inconsistent with State legislation to the extent that the State legislation permitted transactions with land that would otherwise extinguish Native Title rights and interests.
The vesting of land under s33 after 31 October 1975 but before 23 December 1996 and which did not amount to a previous exclusive possession act (as, for example, vesting for the purposes of preserving the natural environment of an area) was, nonetheless, valid and effective to extinguish Native Title.
Grants after 31 October 1975, to persons other than the Crown or a 'statutory authority', were previous exclusive possession acts and, where still in force on 23 December 1996, were 'relevant acts' within the definition in the State Validation Act and therefore wholly extinguished Native Title rights and interests.
www.alga.asn.au /policy/indigenous/nativeTitle/cases/WAvWard.php   (2665 words)

  
 Discrimination in immigration
The use of the word "descent" clearly shows that racial discrimination does not apply merely to discrimination based on skin colour, but includes discrimination based on ancestry, tribe or family.
Thus, despite the clearly stated objects of the Disability Discrimination Act 1992, a special exemption permits the most flagrant discrimination in the matter of choosing migrants.
The family reunion aspect of the immigration program appears to be contrary to the Racial Discrimination Act 1975 and to Australia's obligations under the International Convention on the Elimination of All Forms of Racial Discrimination.
members.optusnet.com.au /~polsoc/ppascr17.htm   (601 words)

  
 EO Online
Racial vilification in public places is also prohibited in particular circumstances.
Covers discrimination in employment, education, the provision of goods and services and accommodation, access to places and vehicles, registered clubs.
Racial and homosexual vilification provisions cover public acts in particular circumstances.
cedir.uow.edu.au /Projects/eotest/1_aust_summary.html   (216 words)

  
 House Hansard     1-Dec-2003     Page 23317
The deliberate incitement of racial and religious hatred is a clear threat to Australia's social stability.
While our federal and state criminal laws address acts of violence, including terrorism, a gap remains under federal law when it comes to behaviour that is often a precursor to violence, including terrorist activity that is motivated by racial or religious hatred.
Comparable offences were also proposed as part of the original Racial Discrimination Act 1975 but were blocked by the opposition in the Senate on that occasion as well.
www.robertmcclelland.com /speeches/racial1dec03.htm   (637 words)

  
 racial   (Site not responding. Last check: 2007-10-17)
The Ivanhoe Junior Football Club (IJFC) is committed to an environment which promotes racial and religious tolerance by prohibiting certain conduct and providing a means of redress for victims of racial and religious vilification and/or racial discrimination.
Direct discrimination means treating or proposing to treat another person less favourably on the basis of a person's race, religion, colour, descent or national or ethnic origin.
Indirect discrimination means imposing or intending to impose a requirement that a person of a particular race, religion, colour, descent or national or ethnic origin cannot comply with, but which a higher proportion of people without that attribute (or with a different attribute) can, when it is not reasonable in the circumstances to do so.
www.wordperfect.com.au /racial.html   (1187 words)

  
 Internet Safety - NetAlert - Racial Hatred Online   (Site not responding. Last check: 2007-10-17)
Racial hatred happens when a person is abused or put down because of their race.
In Australia certain types of racially offensive behaviour are against the law and in 1995 the Racial Discrimination Act 1975 was changed to allow people to complain about racial hatred.
Some racially offensive behaviour is allowed by this law including some artistic work and academic or political debate, providing the behaviour is done reasonably and in good faith.
www.netalert.net.au /01593-What-is-Racial-Hatred.asp   (174 words)

  
 Membership Form - North Queensland Women's Legal Service
This means that people have the right to live their lives free from discrimination.
Discrimination occurs when a person, who is in a similar situation to others, is treated less favourably.
For example, it is against the law for someone to discriminate against another person because of their race, sex or because of a disability.
www.nqwls.com.au /Discrimination2.htm   (260 words)

  
 Racial Discrimination Act 1975 (Cth), Commonwealth of Australia - Agreements Database Legislation
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.
No-one is entitled to discriminate on racial grounds where that discrimination means someone's human rights are affected.
However, Commonwealth legislation which is racially discriminatory is not overridden.
www.atns.net.au /biogs/A000334b.htm   (309 words)

  
 Lobby group says migration zone excisions breach Racial Discrimination Act   (Site not responding. Last check: 2007-10-17)
Australia’s policy of excising certain Islands from its migration zone to keep asylum seekers out of the country, breaches the Commonwealth’s Racial Discrimination Act 1975, according to the Catholic lobby group PolMin.
The Migration Legislation (Excision from Migration Zone) Act 2001 was enacted by Federal Parliament in wake of the TAMPA incident, and was supported by all political parties.
"[The Act] creates an exclusion that is to the detriment of asylum seekers of specific ethnic origins," it said in a statement released at the weekend.
www.cathnews.com /news/212/51.html   (211 words)

  
 Reason for Decision
(b) the act is done because of the race, colour or national or ethnic origin of the other person or of some or all of the people in the group.
A similar conclusion was arrived at by the Administrative Decisions Tribunal of New South Wales in relation to a constitutional attack on the racial vilification provisions of the Anti-Discrimination Act 1977 (NSW) in Kazak v John Fairfax Publications Limited (2000) NSW ADT 77, 22 June 2000, unreported.
In that case, Commissioner Castan QC regarded the refusal by the respondents to rent a caravan to the complainants because they were Aboriginal as a serious and blatant case of racial discrimination and he judged that the respondents were not genuinely remorseful or contrite.
www.vex.net /~nizkor/hweb/people/s/scully-olga/reason.html   (9932 words)

  
 About Diversity Appendix 1)
In Australia, it is unlawful to discriminate in employment on the grounds of race, colour, descent or national or ethnic origin Racial Discrimination Act 1975 (Cth).
In addition, the Anti-Discrimination Act 1977 (NSW) makes it unlawful to discriminate in employment against a person on the grounds of their sex, race, marital status, homosexuality, disability or age.
Within the NSW Public Sector, EEO is a legislative requirement designed to eliminate and ensure the absence of discrimination in employment on the grounds of race, sex, marital status or disability.
www.eeo.nsw.gov.au /diversity/appendix1.htm   (981 words)

  
 RACIAL DISCRIMINATION ACT 1975 - SECT 9 Racial discrimination to be unlawful   (Site not responding. Last check: 2007-10-17)
RACIAL DISCRIMINATION ACT 1975 - SECT 9 Racial discrimination to be unlawful
the act of requiring such compliance is to be treated, for the purposes of this Part, as an act involving a distinction based on, or an act done by reason of, the other person's race, colour, descent or national or ethnic origin.
A reference in this section to a human right or fundamental freedom in the political, economic, social, cultural or any other field of public life includes any right of a kind referred to in Article 5 of the Convention.
austlii.law.uts.edu.au /au/legis/cth/consol_act/rda1975202/s9.html   (215 words)

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