In the end the Racial Hatred Act 1995 set up a civil rights-based complaints driven system, making unlawful,
"otherwise than in private", acts "reasonably likely, in all the circumstances, to offend, insult or intimidate another person or group of people", if done "because of" their "race, colour or national or ethnic origin" — with exemptions for actions done "reasonably and in good faith", artistic, scientific, etc. works, "fair comment" on matters of public interest.
Complaints under the RDA are handled by the Human Rights and Equal Opportunity Commission (HREOC), through a process involving confidential conciliation, adjudication, and as a last resort the court system. ...
New South Wales passed the first anti-vilification legislation in Australia, in the form of the 1989 Racial Vilification Amendment Act (RVAA), modifying the Anti-Discrimination Act 1977. Section 20C declares:
"
It is unlawful for a person, by a public act, to incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the race of the person or members of the group."
This sets a higher harm threshold than the Commonwealth law, with a requirement for "incitement". Again, there are a series of defenses; the trigger is a complaint to the Anti-Discrimination Board....
The
West Australian legislation came in response to a racist campaign by the Australian Nationalist Movement.
It is unique in criminalising racial vilification generally, not just a narrower "aggravated" category. There have as yet been no cases — and comparison with a similar Canadian law suggests the barrier to criminal prosecution is too high.
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