Legislation:
Areas of discrimination on basis of race under SA law
Under Part 4 of the Equal Opportunity Act 1984 (SA) it is unlawful to discriminate against a person on the basis of race in the following areas:
Race of a person means the nationality (current, past or proposed), country of origin, colour or ancestry of the person [s 5].
Exemptions
There are exemptions in the following circumstances:
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:
Under section 10 of the Racial Discrimination Act 1975 (Cth) equality before the law is guaranteed. If a law of the Commonwealth or a state gives rights to one racial group and not another, the effect of this section is to give the same rights to the excluded racial group.
The Fair Work Ombudsman can also accept complaints about discrimination at work on the ground of race.
Exemptions under the Racial Discrimination Act 1975 (Cth)
Making a complaint
Complaints can be made to the Australian Human Rights Commission (Cth) or the Equal Opportunity Commission (SA). There is no cost to lodge a complaint in either Commission. For forms and guides on making a complaint see the websites of the Equal Opportunity Commission and the Australian Human Rights Commission.
For complaints relating to discrimination in employment, claims may be made to the Fair Work Commission, see the Employment chapter on protected workplace rights: General Protections.
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Time limits: The Australian Human Rights Commissioner may decide not to take any action for complaints on acts committed more than 2 years (24 months) previously [Australian Human Rights Commission Act 1986 (Cth) s 46PH]. Until 12 December 2022, this time period was 6 months.. The Equal Opportunity Commission requires a complaint to be made within 12 months of the event being complained of, but can grant extensions of time [Equal Opportunity Act 1984 (SA) s 93]. General protections claims relating to dismissal have a 21 day time limit (from the date of notice of dismissal) in the Fair Work Commission, unless exceptional circumstances justify an extension of time [Fair Work Act 2009 (Cth) s 394]. |
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-Aboriginal 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.
Legislation
Racial vilification in South Australian law
It is an offence 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 [Racial Vilification Act 1996 (SA) s 4]. Any such offence should be reported to the police.
It is also a civil wrong to do a public act that incites hatred, severe ridicule or serious contempt of a person or group on the ground of their race [Civil Liability Act 1936 (SA) s 73]. A public act means conduct in a public place or any form of communication with the public (for instance, a radio broadcast). If this happens, any person or group affected can sue for damages of up to $40,000 in total for all persons affected by the one act. It is not, however, unlawful to publish a fair report of actual events or to publish genuine and reasonable academic, artistic or scientific material.
Racial hatred in Commonwealth law
Offensive behaviour based on racial hatred is also prohibited under the Racial Discrimination Act 1975 (Cth). Under section 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. A complaint can be made to the Australian Human Rights Commission.
For complaints relating to discrimination in employment, claims can may made to the Fair Work Commission, see the Employment chapter on protected workplace rights: General Protections.
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.
We embrace diversity and welcome all people, irrespective of culture, faith, sexual orientation and gender identity.
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Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.
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