Purpose:

To give effect to the International Convention on the Elimination of All Forms of Racial Discrimination by prohibiting racial discrimination and certain other forms of discrimination in Australia.

Objectives:

• Prohibit acts involving distinction, exclusion, restriction, or preference based on race, colour, descent, or national or ethnic origin that nullify or impair human rights and fundamental freedoms.
• Ensure equality before the law for persons of any race, colour, or national or ethnic origin in the enjoyment of rights.
• Prohibit offensive behaviour based on racial hatred that is reasonably likely to offend, insult, humiliate, or intimidate.
• Promote understanding and acceptance of, and compliance with, the Act.
• Combat racial discrimination and prejudices, and promote understanding, tolerance, and friendship among racial and ethnic groups through research and educational programs.
• Provide for the appointment and functions of a Race Discrimination Commissioner and the Australian Human Rights Commission in relation to the Act.

Key Provisions:

• Unlawfulness of Racial Discrimination (Section 9): Makes it unlawful for a person to do any act involving a distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of any human right or fundamental freedom in public life.
• Rights to Equality Before the Law (Section 10): Ensures that persons of a particular race, colour or national or ethnic origin enjoy rights to the same extent as others, notwithstanding any law of the Commonwealth or of a State or Territory that would limit or deny such equality.
• Prohibition of Discrimination in Access, Land, Goods, Services, and Employment (Sections 11-15): Specifies that it is unlawful to discriminate on the basis of race, colour or national or ethnic origin in relation to:
  • Access to places and vehicles.
  • Disposal or occupation of land, housing, and other accommodation.
  • Provision of goods and services.
  • Joining trade unions.
  • Employment, including recruitment, terms, conditions, training, promotion, and dismissal.
• Prohibition of Discriminatory Advertisements (Section 16): Makes it unlawful to publish or display advertisements indicating an intention to do an unlawful act under the Act.
• Prohibition of Incitement and Assistance to Unlawful Acts (Section 17): Makes it unlawful to incite, assist, or promote the doing of an act that is unlawful by reason of a provision of Part II.
• Vicarious Liability (Sections 18A and 18E): Establishes that if an employee or agent commits an unlawful act under Part II or Part IIA in connection with their duties, the employer or principal is also considered to have done the act, unless they took all reasonable steps to prevent it.
• Prohibition of Offensive Behaviour Based on Racial Hatred (Section 18C): Makes it unlawful for a person to do an act, otherwise than in private, that is reasonably likely to offend, insult, humiliate or intimidate another person or a group because of their race, colour or national or ethnic origin.
• Exemptions for Good Faith Public Interest Acts (Section 18D): Provides exemptions for acts done reasonably and in good faith for artistic, academic, scientific, public interest, or fair reporting/comment purposes in relation to offensive behaviour.
• Offences Relating to Administration (Section 27): Prohibits hindering, obstructing, molesting, or interfering with a person exercising powers under the Act, and prohibits victimisation of persons making complaints or providing information under the Act or the Australian Human Rights Commission Act 1986.
• Non-Disclosure of Private Information (Section 27F): Imposes restrictions on the disclosure of private information acquired by the Commissioner, Commission members, or staff.

Evidence of Compliance Requirements For Agricultural Organisations:

• Prohibition of Racial Discrimination (General): Organisations must refrain from any act involving a distinction, exclusion, restriction, or preference based on race, colour, descent, or national or ethnic origin that has the purpose or effect of nullifying or impairing human rights and fundamental freedoms. Evidence of compliance would be the absence of such discriminatory acts, or a demonstrated commitment to non-discrimination through internal policies and practices.
• Equal Treatment in Business and Employment: Agricultural organisations, as suppliers of goods or services, employers, or providers of land/accommodation, must not refuse, fail to provide, or provide on less favourable terms, any goods, services, land, accommodation, or employment opportunities due to a person’s race, colour, or national or ethnic origin. Evidence would include transparent and non-discriminatory policies for hiring, promotion, provision of services, and commercial dealings, as well as records demonstrating adherence to these policies (e.g., non-discriminatory job advertisements, equal opportunity statements in contracts).
• Prevention of Vicarious Liability (Sections 18A, 18E): To avoid being held liable for unlawful acts committed by employees or agents, agricultural organisations must establish that they “took all reasonable steps to prevent the employee or agent from doing the act.” Evidence needed could include:
  • Written anti-discrimination policies and codes of conduct communicated to all employees and agents.
  • Regular training programs for all staff (including management, supervisors, and employees) on racial discrimination, the requirements of the Act, and appropriate workplace conduct.
  • Clear internal complaint handling procedures for addressing allegations of discrimination promptly and effectively.
  • Records of training attendance and content.
  • Documentation of disciplinary actions taken in response to breaches of anti-discrimination policies.
  • Records of internal investigations into complaints of discrimination.
• Non-Incitement of Unlawful Acts (Section 17): Organisations must not incite, assist, or promote unlawful discriminatory acts. Compliance is evidenced by the absence of such conduct, and by policies preventing such actions from employees or agents.
• Prohibition of Discriminatory Advertisements (Section 16): Organisations must not publish or display advertisements that indicate an intention to discriminate unlawfully. Compliance is evidenced by review processes for all external communications to ensure non-discriminatory language.
• Cooperation with Administration (Section 27): Organisations must not hinder, obstruct, molest, or interfere with persons exercising powers or functions under the Act (e.g., investigators from the Australian Human Rights Commission). They must also not victimise individuals for making complaints or providing information. Compliance is evidenced by records of cooperation with official inquiries and the absence of retaliatory actions against individuals involved in complaint processes.

Metadata Keywords:

Racial discrimination, human rights, equality, anti-discrimination, Australia, employment, goods and services, land, racial hatred.

Publication Information:

Compilation date: 13 December 2022 Includes amendments up to: Act No. 85, 2022 Registered: 20 December 2022

Agricultural Industry Alignment:

Applies broadly to all industries and public life sectors, no specific agricultural industries are explicitly mentioned.

Date Added to database:

This document was parsed and added to the database on 25-07-2025

URL:

https://www.legislation.gov.au/C2004A00274/2022-12-13/2022-12-13/text/original/pdf →