Law Prohibiting Antisemitism
Australia has a federal system of government and laws on racism and racial hatred exist both at state and commonwealth levels. Australia has a written constitution, but has no bill of rights. Human rights legislation in Australia is based on international law, as a result of Australia being party to all the international human rights instruments. The most important international law concerning racism and antisemitism is the Convention for the Elimination of all Forms of Racial Discrimination.
Commonwealth law
On a Federal level, the Racial Discrimination Act 1975 (Cth) deals with racial hatred. It prohibits words and acts that are likely to insult, offend intimidate or humiliate a person or group on the basis of their race, colour, national or ethnic origin.
The courts have held that Jewish people are a group with a common ethnic origin, and are protected under these laws from hatred.
Complaints under this law are administered by the Human Rights and Equal Opportunity Commission (HREOC). HREOC investigates and conciliate complaints of acts of racial hatred. HREOC’s decisions can be enforced by the Federal court.
Victorian law
The Victorian parliament recently enacted the Racial and Religious Tolerance Act 2001 (Vic). This law prohibits speech that incites hatred, contempt, revulsion or ridicule against a person or group on the basis of their race or religion.
New South Wales Law
In 1989, the Anti-Discrimination Act 1977 (NSW) was amended to prohibit conduct that incites hatred, serious contempt for or serious ridicule of a racial or ethnic group. Later on, it was clarified that this law protects ethno-religious groups, such as Jews. This law also includes a criminal offence of serious vilification – threatening or inciting others to threaten physical harm or property damage. The criminal penalties here are fines or six months imprisonment.
Queensland Law
The Anti-Discrimination Act 1991 (Qld) has limited protections against expressions of racial hatred, where racial hatred is expressed in the course of inciting discriminatory acts. Racist and antisemitic speech alone is not prohibited. This law is narrower than the others.
Western Australian Law
In response to a campaign of racist posters and graffiti targeting Asians and Jews, the Western Australian government amended the Criminal Code 1913 to deal with this rise in racist activity. The Code prosecutes anyone who intentionally and knowingly produces and circulates propaganda that incites racial hatred and harassment. This Code imposes criminal penalties.
South Australia
Like in Western Australia, the South Australian parliament enacted the Racial Vilification Act 1996 (SA) in response to racist activities of the extreme right. In South Australia, breaching this Act is a tort (a civil wrong) and the vilifier can be ordered to pay tens of thousands of dollars in compensation. |