RACIAL VILIFICATION - CASE STUDIES

The following case studies are based on matters which have been received by the Anti-Discrimination Commission Queensland. They are provided as a guide to the range of outcomes which can be achieved, and kinds of issues raised.

Racial hatred

The first complaint under section 126 of the Queensland Anti-Discrimination Act 1991 - Incitement to Racial or Religious Hatred was successfully conciliated. It was argued that by advocating racial hatred the respondent had incited unlawful discrimination.

An Aboriginal woman complained that she had read racist comments about herself in written communication between two health care providers. The recipient of the racist commentary could influence or be involved in any determination about the woman qualifying for a pension.

The Commission accepted the complaint as satisfying the stringent requirements under section 126, where racist commentary must also go one step further and be characterised as inciting others to breach the Act. In this case, the racist commentary could be viewed as an attempt to influence another person to provide a service in a discriminatory way. The respondent published an apology in the local paper and paid compensation to the woman.

This information is intended as a guide only. It is not a substitute for legal advice. For more information contact the Commission on 1300 130 670 statewide or Teletypewriter 1300 130 680 statewide.