Page:Faruqi v Hanson (2024, FCA).pdf/1

FEDERAL COURT OF AUSTRALIA Faruqi v Hanson [2024] FCA 1264
File number:	NSD 372 of 2023
Judgment of:	STEWART J
Date of judgment:	1 November 2024
Catchwords:	HUMAN RIGHTS – immigrant Senator told to "piss off back to Pakistan" and that she has taken "advantage" of Australia – Racial Discrimination Act 1975 (Cth), s 18C – whether conduct reasonably likely in all the circumstances to offend, insult, humiliate and intimidate the applicant and groups of people – where the groups are identified as people of colour who are migrants to Australia or are Australians of relatively recent migrant heritage and Muslims who are people of colour in Australia – whether conduct was done because of the race, colour or national or ethnic origin of the applicant – whether s 18D(c)(ii) fair comment made reasonably and in good faith exemption made out – appropriateness of the form and extent of the remedies sought under s 46PO(4) of the Australian Human Rights Commission Act 1986 (Cth) CONSTITUTIONAL LAW – implied freedom of political communication – whether Pt IIA of the Racial Discrimination Act 1975 (Cth) is constitutionally invalid – whether the prohibition of a certain type of speech by s 18C as subject to the exemptions in s 18D infringes the implied freedom rendering those sections invalid in full, or in part in setting the requirement for unlawfulness at too low a level by using the words "offend" and/or "insult" and/or "humiliate" in s 18C(1)(a) – whether the law effectively burdens the implied freedom – whether the purpose of the law is compatible with the constitutionally prescribed system of representative and responsible government – whether the law is reasonably appropriate and adapted to advance that legitimate purpose in a manner that is compatible with the maintenance of the constitutionally prescribed system of representative and responsible government – where Pt IIA effectively burdens political speech but only slightly – where the purpose of Pt IIA is to deter and eliminate, and protect members of the public from racial hatred and discrimination – whether the terms of Pt IIA are reasonably appropriate and adapted to advance that legitimate purpose