Racial discrimination

Legislation:

Areas of discrimination on basis of race under SA law

Under South Australian legislation it is unlawful to discriminate against a person on the basis of race in the following areas:

employment
membership of an association
qualifying bodies
education
disposal of land (except where it is by way of a will or gift)
provision of goods and services
accommodation
superannuation
advertising

It is also an offence under the Racial Vilification Act 1996 (SA) for a person to incite hatred or severe ridicule or contempt of a person or group of persons on the basis of their race by threatening physical harm or harm to property or inciting others to do so.

Exemptions

There is a general exemption for charities and for projects that are for the benefit of persons of a particular race.

In addition there is an exemption for employment where it is in a private household and where there is a genuine occupational requirement that a person be of a particular race.

Further exempted areas include:

clubs established primarily for the purpose of promoting social intercourse between members of a particular racial or ethnic group
superannuation schemes

Areas of discrimination on basis of race under Commonwealth law

It is unlawful under Commonwealth legislation to discriminate on the basis of race, colour, descent or national or ethnic origin in the following areas:

Access to places and facilities
Land, housing and other accommodation
Provision of goods and services
Membership of trade unions
Employment

Under s 10 equality before the law is guaranteed. This means that in the event a law is created that discriminates on the basis of race it is overruled by this Act.

Exemptions

Special provisions made to seek the advancement of certain racial or ethnic groups requiring such protection as to ensure they enjoy equal enjoyment of human rights and fundamental freedoms
Employment of a person on a foreign-owned ship or aircraft if person employed outside Australia
Employment in a private household
Any provision of a will or deed conferring charitable benefits on members of a particular race, colour or national or ethnic group

Racial hatred

Offensive behaviour based on racial hatred is also prohibited under the Racial Discrimination Act 1975. Under s 18C it is unlawful for a person to do an act, other than in private, if the act is reasonably likely to offend, insult, humiliate or intimidate another person or group of persons and the act is done because of race, colour, national or ethnic origin.

Exemptions to this include: performance, distribution or exhibition of artistic works statements or comments made in public interest discussions and the publication of a fair and accurate report of an event or matter of public interest.

Making a complaint

Time limits: the Australian Human Rights Commissioner may decide not to take any action for complaints on acts committed more than 12 months previously. The Equal Opportunity Commission requires a complaint to be made within 6 months of the event being complained of.

Aboriginal teacher subject to racial slur and refused service at supermarket

Michelle, an Aboriginal teacher, said she was not served in a large regional supermarket. When she complained to the manager, the shop assistant said, "I couldn't see her because of the colour of her skin." Michelle said this was witnessed by a non-Aborginal colleague. Michelle was quite distressed and went back into the store to follow up with the manager, but did not feel the matter was properly dealt with.

In response to her complaint, the store investigated the matter and provided letters of apology from both the shop assistant and the manager.

Outcome: At conciliation, the store undertook to provide discrimination training to all staff and pay Michelle $1500 compensation.