HomeLegal Glossary › Racial Discrimination Act 1975 (Australia)
Australian Human Rights Law

Racial Discrimination Act 1975 (Australia)

Australia's RDA prohibits discrimination on grounds of race, colour, descent, or national or ethnic origin. Section 18C also makes it unlawful to publicly offend or intimidate someone on racial grounds. Complaints go to the AHRC.

Legal Definition

The Racial Discrimination Act 1975 (Cth) gives effect to Australia's obligations under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). It makes it unlawful to discriminate against a person on the ground of their race, colour, descent, or national or ethnic origin in: employment; accommodation; provision of goods and services; access to places; and exercise of rights. **Section 18C**: It is also unlawful to do an act in public that is reasonably likely to offend, insult, humiliate, or intimidate a person or group because of race or national origin. **Section 18D**: Exemptions apply for fair comment, academic or artistic work, and reporting of matters of public interest. Complaints must be lodged with the AHRC within 6 months. The AHRC conciliates. For employment discrimination on race grounds, you can also complain to the Fair Work Commission under the Fair Work Act general protections provisions.

📖 Constitutional / Statutory Basis: Racial Discrimination Act 1975 (Cth); International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

Practical Example

An employer tells a job applicant of African descent he is not suitable for a customer-facing role because of how he 'looks'. The applicant lodges a complaint with the AHRC for racial discrimination in employment. If conciliation fails, the matter proceeds to the Federal Court.

Frequently Asked Questions

What is Section 18C of the Racial Discrimination Act?
Section 18C makes it unlawful to publicly act in a way that is reasonably likely to offend, insult, humiliate, or intimidate another person because of their race or national origin. It applies to public acts, not private communications. Section 18D provides exemptions for genuine artistic, academic, or public interest commentary.
Can I claim racial discrimination if I am a temporary visa holder in Australia?
Yes. The Racial Discrimination Act protects all people in Australia, including temporary residents and visa holders, from racial discrimination.

Related Terms

Know the law. Know what to say.

The Advocate covers Australian law and Scripture — 389 real scenarios across 7 countries with exact rebuttals and law references. Free to start.

Explore Australian Rights — Free
or get a free checklist