RACIAL
DISCRIMINATION ACT 1975 (Cth)
Under
the act, racial discrimination means "any act involving a
distinction, exclusion, restriction, or preference based on race
colour, descent or national or ethnic origin" s9. The
areas of discrimination covered are:
- access
to or use of public places and facilities. for example, hotel bars.
- land,
housing, and other accommodation.
- provision
of goods or services
- employment
- advertising.
The
act allows only an "injured" individual to make a
complaint, and does not make it unlawful to disseminate racialist
views. Complaints should be received by the Commissioner within 12
months. The Commissioner will try to reach a settlement and if that
fails the Commissioner can issue a certificate to the complainant.
The complainant with the certificate can approach the magistrate’s
court where the court may:
- issue
an injunction to restrain the offender.
- order
the offender to rectify the offence. Eg let the house to the
complainant.
- award
damages for the loss of benefit of loss of dignity or
humiliation or injury to feelings.
Complaints
are lodged with the Commissioner for Community Relations. A
conference convened to attempt settlement will require a certificate
from the Human Rights Commission, and a representative from the Human
Rights Commission will attend such a conference s24(3).
See:
Human
Rights Office
Discrimination