The Racial Discrimination Act 1975 (RDA) was passed in June 1975, came into full force on 31 October 1975, less than a fortnight before the dismissal of the Whitlam Government. This landmark Australian law makes it unlawful to discriminate against a person based on their race, colour, descent, national or ethnic origin, or immigration status. Its primary purpose is to promote equality before the law and protect individuals from racial discrimination across various areas of public life.
The 50th anniversary of this significant milestone for multicultural Australia was marked in the national Parliament today. Speeches were delivered by the Attorney General, Hon. Michelle Rowland MP; Minister for Multicultural Affairs, Hon. Anne Aly MP; Assistant Minister for Multicultural Affairs, Hon. Julian Hill MP; and Moreton MP, Julie-Ann Campbell, among others.
The Attorney General remarked, “For the past 50 years, the Racial Discrimination Act has set a standard for our society to aspire to—where all members of our community are treated with respect, without distinction, exclusion, or preference based on race, colour, descent, or national or ethnic origin.”
Speaking in Parliament, Julian Hill MP said, “The Racial Discrimination Act has stood the test of time for 50 years. It provides the legal foundation for modern Australia, the proud multicultural nation we know and cherish today. It was an effort to legislate human dignity and equality for all, regardless of race, ethnicity, or origin.”
He added, “On this 50th anniversary, it would be fitting for today’s Liberal Party to apologise for their past and ongoing attempts to weaken the Racial Discrimination Act and to pledge never to undermine it again.”
Hon. Anne Aly MP echoed similar sentiments: “For 50 years, the RDA has offered a benchmark for us to aspire to as a society where all individuals are treated respectfully, without distinction or exclusion based on race or ethnic origin.”
The RDA prohibits racial discrimination in key areas such as employment—including recruitment, selection, promotion, training, terms and conditions, and termination—housing and accommodation, provision of goods and services, access to public places and facilities, advertising (including job advertisements), and joining trade unions. It also criminalises racial hatred and vilification.
Under the Act, racial discrimination includes treating a person less favourably than others because of their racial or ethnic background or applying policies that appear neutral but disproportionately disadvantage certain racial groups. The RDA also protects against discrimination by association.
The Australian Human Rights Commission administers the Act, investigating complaints and seeking conciliation. If conciliation fails, complaints can be taken to the Federal Court or the Federal Circuit and Family Court. The Act was amended in 1995 to include provisions against racial vilification (Section 18C), making it unlawful to commit acts likely to offend, insult, humiliate, or intimidate individuals or groups based on race, while also protecting freedom of expression through exemptions for artistic, scientific, or public interest communications made in good faith.
Passed as part of Australia’s commitment to the International Convention on the Elimination of All Forms of Racial Discrimination, the RDA stands as a foundational law in Australia’s human rights and anti-discrimination framework.
