The magistrate noted that passersby could have heard them. Remarks disparaging Aboriginal people and using racial epithets were shouted by the respondent from his front verandah to his Aboriginal neighbour.
Acts covered include speaking, singing and making gestures in public as well as drawings and written publications such as newspapers, leaflets and websites. If the act happened in a private telephone conversation or in a private place, such as a person's home, it is not unlawful. The act must have occurred either within sight and hearing of other people or in a place to which the general public is invited or has access. The respondent is responsible for establishing that the act is covered by one of the exceptions and that it was done reasonably and in good faith. The complainant is responsible for proving that the act was done in public, that it was done because of his or her ethnicity and that it was reasonably likely to offend, insult, humiliate or intimidate a reasonable person of that ethnicity. a fair comment if the comment is an expression of a person's genuine belief.a fair and accurate report on a matter of public interest (for example, a fair report in the media of an act of racial incitement or racially offensive conduct).an academic publication, discussion or debate (for example, discussing and debating public policy such as immigration, multiculturalism or affirmative action for migrants).an artistic work or performance (for example, a play where racist attitudes are expressed by a character).The following are not unlawful if "done reasonably and in good faith": The Act makes these acts unlawful UNLESS one of the exceptions applies. reasonably likely in all the circumstances to offend, insult, humiliate or intimidate that person or group.
#Pommie definition free
It aims to strike a balance between two valued rights: the right to communicate freely and the right to live free from vilification. The Racial Hatred Act, introduced in October 1995, extends the coverage of the RDA so that people can complain to the Australian Human Rights Commission about racially offensive or abusive behaviour.
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