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Why was the Racial Hatred Act introduced?

Definition

The Racial Hatred Act, introduced in October 1995, is an amendment to the Racial Discrimination Act (1975). It allows people to complain about offensive or abusive behaviour in public based on racial hatred.

Racial vilification undermines the basis for a tolerant and functional society and its effects should not be underestimated. It can be damaging not only to individuals but can cause whole communities to live in fear. The Racial Hatred Act is a means of redress for those people who are subject to racist abuse. It imposes rights and obligations on all Australians, including the media.

National Inquiries

In the years immediately before the passage of the Act, the reports of three separate national inquiries into race related issues called for the introduction of legislation as an appropriate remedy to combat racial hatred:

  • the Royal Commission into Aboriginal Deaths in Custody
  • Multiculturalism and the Law produced by the Australian Law Reform Commission and 
  • the National Inquiry into Racist Violence (NIRV) released by the Human Rights and Equal Opportunity Commission in 1991. 

The NIRV found that racist attacks, both physical and verbal, were on the increase. The report emphasised that intimidation and harassment were endemic problems for Aboriginal and Torres Strait Islander peoples and some people from non-English speaking background, particularly those who are visibly different.

Further reading