- has been found by the Court to have engaged in an act that contravened s18C of the Racial Discrimination Act 1975 (Cth) in that:
- a. it was reasonably likely to offend, insult, humiliate or intimidate the a group of people, namely people who have one or more of the following characteristics: migrants (particularly from Pakistan or other Asian Countries), people of colour and Muslims; and
- b. the conduct was done because of the race, colour or national or ethnic origin of the Applicant or some of or all of the people in the group; and
- c. the conduct was not exempted from being unlawful by s 18D of the Racial Discrimination Act 1975 (Cth).
- 5. requiring the Respondent to pay a donation in the amount of $150,000 to the Sweatshop Literacy Movement in Western Sydney;
- 6. requiring the Respondent to undertake anti-racism training at her own expense;
- 7. costs.
THE STATUTORY SCHEME: OVERVIEW
15 The preamble to the RDA references the International Convention on the Elimination of all Forms of Racial Discrimination (1965) (CERD), which is a Schedule to the RDA, and states:
AND WHEREAS it is desirable, in pursuance of all relevant powers of the Parliament, including, but not limited to, its power to make laws with respect to external affairs, with respect to the people of any race for whom it is deemed necessary to make special laws and with respect to immigration, to make the provisions contained in this Act for the prohibition of racial discrimination and certain other forms of discrimination and, in particular, to make provision for giving effect to the Convention:
16 One sees in the preamble references to the making of special laws with respect to race and immigration, and the prohibition of racial and certain other forms of discrimination. CERD entered into force in 1969 and was ratified by Australia in 1975.
17 Part I of the RDA deals with various preliminary matters. Part II provides for the prohibition of racial discrimination, including by making it unlawful (subject to various qualifications) for a person to do any act involving a distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin (s 9) and by providing for rights to equality before the law (s 10). There are also provisions dealing with discrimination in relation to access to places and facilities (s 11), land, housing and other accommodation (s 12), the provision of goods and services (s 13), the right to join trade unions (s 14), employment (s 15) and advertisements (s 16).
18 Part IIA was introduced into the RDA by the Racial Hatred Act 1995 (Cth). Justice Allsop in Toben v Jones [2003] FCAFC 137; 129 FCR 515 at [92]–[132] comprehensively described
