Deborah O'Neill (NSW, Australian Labor Party) Share this | Hansard source

Moral philosopher John Rawls in his seminal work A Theory of Justice proposed the veil of ignorance, a thought experiment in which decision-makers design society as if they did not know their own social status, wealth, gender or race in that society. Behind that veil, Rawls argues just and fair policies emerge because in that context they're designed without bias or self-interest. The piece of legislation which we are recognising and reminding ourselves of today, the Racial Discrimination Act, embodies that very ideal. It asks us to imagine how society would and could look if we were born into any background and to legislate for practices, behaviours, attitudes and beliefs in this country in ways that ensure fairness, equality and respect for all.

The Racial Discrimination Act was monumental when it came in in 1975, determined to impact on the lives of ordinary Australians by righting wrongs and improving the lives of peoples of all types who make up the polity of this great country we call home. Discrimination against a person because of their race, colour, descent, national origin or ethnic origin is deeply wrong. It has always been wrong. It remains a wrong inflicted on too many right across the world and sadly still in this country. But to legislate is a commonsense move—to put on the record what we believe and what we desire through our legislation. It was under the Whitlam government on 31 October that the Racial Discrimination Act came into force, and it implemented the critical United Nations International Convention on the Elimination of All Forms of Racial Discrimination in Australian law. This act that we are honouring today and using as a very important moment to remind ourselves of our obligations was the first piece of Commonwealth legislation to prohibit racial discrimination and the first to focus squarely on human rights and equality.

This piece of legislation is important not just because of what it sought to name and redress at that time but because of what it continues to remind us of. It marked a decisive shift, one that said to the nation and to the world that discrimination based on race has no place in Australian life. The reality of hate unleashed across communities is sadly something we still continue to see, but this law is a vital line in the sand that clearly indicates what Australia expects. It is unlawful to discriminate against a person because of their race, whether doing that directly or indirectly, in the way that Senator Scarr has just contributed with Neville Bonner's story. It's unlawful to discriminate when discrimination undermines the equal recognition or enjoyment of basic human rights. This law, now 50 years old, was put in to protect against discrimination in access for people to places, facilities, housing, goods and services and employment and to protect the right to participate in trade unions. It also, importantly, prohibits acts that are reasonably likely to offend, insult, humiliate or intimidate people because of their race, colour or ethnic origin.

What we're talking about, with this piece of legislation of 50 years, are not abstract protections; they're statements of principle about who we are and the standards we expect from one another. Our common humanity is our greatest strength. When we all seek kindness and the dignity of being treated fairly, it is incumbent on us—we, who ask for that to be given to us—to provide that to every other human with whom we come in contact. (Time expired)