Direct Racial discrimination is the act of treating a person unfairly (compared to the rest of society) based on their race, color, descent, national origin or ethnic origin.
Indirect racial discrimination is when a policy, legislation or rule has an unfair effect on certain groups of people, more than that of others, based on their race, color, descent or national or ethnic origin. However these policies, legislations and rules can be justified if proven to be reasonable and relevant to specific circumstances.
However not all acts which treat one group of people unfairly based on their color, descent or national or ethnic origin is illegal. In certain circumstances special measures need to be taken with those who have been affected by a disadvantage in the past, in order to help them live equally with the rest of society.
What The Racial Discrimination Act Is:
The Racial Discrimination Act 1975 is a peace of legislation passed to make indirect and direct racial discrimination illegal. It aims to allow all people, irrespective of their race, color, decent, national or ethnic origin, to live life equally and with the human rights they deserve. The Racial Discrimination Act applies too all organizations, businesses, government departments and individuals in Australia. Neither of the above may discriminate on racial grounds which will affect an individual or groups human rights.
The Racial Discrimination Act overrules all State and Territory legislations, but does not override Commonwealth Legislation. The Racial Hatred Act 1995 was amended by the Racial Discrimination Act, to make it illegal to have offensive behavior based on race.The Racial Discrimination Act has been shown to be successful, with the 10500 complaints received since it was first introduced. Over 3500 were from aboriginal and torres strait islanders, showing the amount of racial discrimination that they have received, with such little numbers compared to non aboriginal and torres strait islanders.
When The Racial Discrimination Act Applies:
The Racial Discrimination Act applies in all of the following areas:
* Employment (including advertising jobs, recruitment, the selection process, access to training, promotion opportunities, the terms and conditions of employment, termination of employment).
* Renting accommodation or selling real estate.
* Education (including school education, TAFE, University, etc).
* Provision of all goods and services (for example, when buying something, hiring a car, applying for credit, using banks, seeking assistance from government departments, lawyers, doctors and hospitals, or attending restaurants, pubs, entertainment venues and so on).
* Access to places and facilities intended for use by the public (for example, parks, libraries,...