Types of harassment
Racial harassment
Racial discrimination occurs when a person is treated less favourably than someone else in a similar situation because of their race, colour, descent or national or ethnic origin. This is direct discrimination. Indirect discrimination can also occur when the operation of a particular rule or policy disadvantages more people of a particular race, colour, descent or national or ethnic origin than other people.
The Racial Discrimination Act 1975 (the RDA) makes racial discrimination against the law. The Act gives effect to Australia's obligations under the International Convention on the Elimination of All Forms of Racial Discrimination. Its major objectives are to:
- promote equality before the law for all persons, regardless of their race, colour or national or ethnic origin;
- and make discrimination against people on the basis of their race, colour, descent or national or ethnic origin unlawful.
A law against offensive behaviour based on racial hatred was added to the Racial Discrimination Act on 13 October, 1995. This law is called the Racial Hatred Act 1995.
Unlawful racially offensive behaviour can include public acts based on the race, colour, national or ethnic origin of a person or group of people which are likely to offend, insult, humiliate or intimidate.
Unlawful offensive behaviour might include:
- writing racist graffiti in a public place
- wearing Nazi insignia in a public place
- making racist speeches at a public rally
- placing racist posters or stickers in a public place
- racist abuse in a public place such as shops, workplaces, parks, public transport
- offensive racist comments in a publication
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.
The Racial Hatred Act says that the following things are not unlawful if 'done reasonably and in good faith':
- an artistic work or performance (for example, a play where racist attitudes are expressed by a character.)
- an academic publication, discussion or debate (for example, discussing and debating public policy such as immigration, multiculturalism or affirmative action for migrants.)
- a fair and accurate report on a matter of public interest (for example, a fair report in the media of an act of racial incitement or racially offensive conduct.)
- a fair comment if the comment is an expression of a person's genuine belief.