Malarndirri McCarthy (NT, Australian Labor Party, Minister for Indigenous Australians) Share this | Link to this | Hansard source

I rise on behalf of the government, and, at the request of Senator Walsh, I move:

That the Senate—

(a) notes that this week marks 50 years since the landmark Racial Discrimination Act entered into force on 31 October 1975;

(b) recalls that passage of the act was a unifying moment for the Parliament, with bipartisan efforts to pass the bill with unanimous support across the Parliament;

(c) affirms that the act has played and continues to play an essential role in prohibiting racial discrimination in Australia, building a fairer and more inclusive nation;

(d) affirms that it is unlawful in this country to discriminate against people based on their race, colour, descent or national or ethnic origin;

(e) notes the Racial Discrimination Act implemented Australia's obligations under the International Convention on the Elimination of All Forms of Racial Discrimination; and

(f) affirms the Act as representative of Australia's values as a democratic and multicultural nation that stands against hate, prejudice and discrimination.

Fifty years ago tomorrow, a piece of legislation was proclaimed that would fundamentally change Australia; 31 October will mark half a century of the Racial Discrimination Act 1975.

When the Whitlam government introduced the Racial Discrimination Act, or RDA, it was groundbreaking. It was the first Commonwealth law to prohibit discrimination on the basis of race, colour, national origin or ethnic origin. But, beyond that, it was the first law regarding human rights and discrimination at all. It marked a historic shift. It set into the law a new standard for all Australians to aspire to: a society that says no to racism. But, under that lofty goal, in its practice, the Racial Discrimination Act provided Australians of all backgrounds a bedrock to stand on to assert their equality under the law.

Fifty years ago, the RDA explicitly targeted insidious and all-too-common forms of discrimination—access to accommodation, to facilities, to housing, to goods in shops, to services and to employment. Those forms of discrimination remain all too familiar to many Australians. We cannot pretend that this act has eliminated racism in Australia; it hasn't. But the legislation was never meant to do that. The Whitlam government understood that you wouldn't end racism overnight with a bill. They were building cultural change, a better Australia. In his second reading speech, Attorney-General Kep Enderby said that the new legal sanctions against discrimination would 'make people more aware of the evils … of discrimination … and make them more obvious and conspicuous'. He said, for those discriminated against:

The fact that racial discrimination is unlawful will make it easier for people to resist social pressures that result in discrimination.

In 1995, when the act was expanded to prohibit racial vilification, Attorney-General Michael Lavarch summed it up well:

The Racial Discrimination Act does not eliminate racist attitudes. It does not try to, for a law cannot change what people think. But it does target behaviour—behaviour that causes an individual to suffer discrimination.

But the genius of the RDA was not just its effect on citizens' behaviour; its genius was also its effect on government. For 50 years the Racial Discrimination Act has sunk roots into our constitutional architecture, and quietly those roots have taken hold, ensuring governments, not just citizens, are prevented from discriminating on the basis of race. Nowhere is this clearer than in the RDA's protection of First Nations title to land. Australians know Mabo, the 1992 case that recognised native title in Australian law, but many will not know that case is Mabo No 2. Mabo No. 1 came to the High Court first after Queensland legislation was passed to pre-empt and extinguish any title rights of Eddie Mabo and the Meriam people—what would be recognised as their native title rights. In Mabo No. 1, the High Court found that the Queensland legislation was invalid. The RDA—namely section 10, on equality before the law—prevented Queensland from singling out the Meriam peoples' rights on the basis they were Indigenous rights. Without the RDA, there could be no Mabo No. 2, and there could be no native title in Australian law as we know it. Without the RDA, these steps towards justice in Australia could have been stripped away with the flick of a minister's pen. First Nations peoples' relationship with country over countless generations never relied on any Commonwealth law, but it took the RDA to begin to dismantle the law's 200-year-long ignorance, cruelty and violence to First Nations Australians.

The Racial Discrimination Act passed two weeks before the Whitlam government was removed. It's daunting to imagine what a delay to the legislation could have meant. It paved the way for the Sex Discrimination Act 1984, the Disability Discrimination Act 1992 and the Age Discrimination Act 2004. In recognition of Australians of all backgrounds, the assertion of equality under the law is the RDA. Bauji barra.

Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to this | Hansard source

():  I rise to speak on behalf of the opposition to mark tomorrow as 50 years since the Racial Discrimination Act came into force. It was a pivotal moment in Australian history and a journey towards social cohesion. The act passed with bipartisan support, reflecting our shared national commitment to a fair go for all Australians. The RDA established the legal protections against racial discrimination in employment, housing, education and public life. Australia is a proud multicultural nation, and the act laid the foundations of our reputation as a leader in human rights and multicultural policy. It has been instrumental in building the inclusive, diverse society that we all celebrate today.

As a South Australian, I am particularly proud of our state's multicultural history. South Australia was founded on the principles of religious freedom and tolerance. Can I acknowledge the work of former Labor premier Don Dunstan, who oversaw South Australia leading the country on transformative racial discrimination legislation. Through his work in 1966, nine years before the federal act, South Australia became the first Australian state to outlaw racial discrimination. Today, according to the 2021 census, our state is home to people from more than 214 nations, 248 languages are spoken and 128 religions are practised. I come from the Riverland in South Australia. This is an area that has absolutely been enriched by waves of migration, from Italian and Greek families who transformed our horticultural industries following the war, to more recent arrivals from Afghanistan, Sudan and Myanmar. South Australia's wine industry, tourism sector and regional communities have all flourished because of this cultural diversity.

Coalition governments have consistently upheld the Racial Discrimination Act and its principles, and we have focused on practical measures to support the diversity of our communities, including targeted education, employment and health programs for Indigenous and migrant Australians. At our core, we believe in individual rights and freedoms, including robust protections from discrimination. We also recognise the need to balance antidiscrimination protections with freedom of speech and religion. Our approach is driven by the importance of social cohesion, national unity and celebrating the vibrant, cultural diversity within our Australian identity.

But, while we celebrate the RDA's achievements, we must also acknowledge the uncomfortable truth: 50 years after this act came into being, Indigenous Australians still face unacceptable challenges. The RDA aims to eliminate racial discrimination and create equity and equality before the law, yet significant gaps still remain in health, education, employment and life expectancy for these communities. Despite successive government commitments, most Closing the Gap targets are not being met. Indigenous Australians still face life expectancy gaps of approximately eight years compared to non-Indigenous Australians. There must be a genuine partnership with Indigenous communities in health, education and economic opportunity. We must recommit to closing the gap—not through top-down government programs or a one-size-fits-all approach conceived in Canberra but by empowering our Indigenous Australians to design and deliver solutions for their own communities. The next 50 years of the RDA must be about turning legal equality into real equality on the ground.

Sadly, I must also talk about racial discrimination today and acknowledge the concerning rise of antisemitism that we are experiencing in Australia. We see it in the armed guards who are standing outside Jewish childcare centres and schools, Jewish businesses that have been boycotted and harassed and synagogues that have been put at risk. This hate has no place in our country. As we recognise the anniversary of the Racial Discrimination Act, we as Australia must also stand united against hate.

The coalition reaffirms our commitment to a society free of discrimination. We must remain vigilant, ensuring antidiscrimination laws are fair, effective and respect fundamental freedoms. Ongoing education, community engagement, social cohesion and courageous leadership are essential in combating prejudice. We must be flexible to ensure the RDA Act responds to emerging challenges such as modern technology as it plays a role in evolving forms of discrimination. We must continue closing the gap for Indigenous Australians and support new migrants, standing against hate and celebrating diversity across our country.

Tomorrow is a day when we can acknowledge all those who have contributed to the progress made over the past 50 years. We have come a long way, but there is still much to do to achieve true equality and harmony. Together, we must continue to build a fair Australia.

Mehreen Faruqi (NSW, Australian Greens) Share this | Link to this | Hansard source

Fifty years ago this week, the Racial Discrimination Act came into force—Australia's first federal human rights law. It was a landmark moment born of struggle and courage at a time when people around the country were demanding that racism and discrimination be named for what they are, a blight on any so-called fair and democratic society. It's worth remembering that this law was passed in the shadow of the White Australia policy and on the shoulders of the civil rights and land rights movements.

Fifty years on, I want to say this very clearly: the Racial Discrimination Act remains vital. But racism is still everywhere in this country, woven into our institutions, systems and public life. The race power in the Constitution, enacted on the basis of white supremacy, still exists. We need only look at the racist abuse hurled at First Nations players on the field, the appalling rhetoric, including from the most senior politicians in this country, directed at migrants and people of colour, the racial profiling, the deportations and the incarcerations. This country has never truly reckoned with the violence of colonisation or the racism that continues to sustain it. Until we do, our laws, even those as important as the Racial Discrimination Act, will only be a partial shield against ongoing injustice.

For First Nations people, racism is not history; it is daily reality. The same state that passed the Racial Discrimination Act still oversees the removal of First Nations children at alarming rates, still locks up First Nations kids in prisons and still lets police kill with impunity, with more than 600 First Nations deaths in custody since the royal commission—and no-one has ever been held to account. If we are to honour the spirit of the Racial Discrimination Act, then we must listen to First Nations people calling for truth-telling, for justice, for land back and for treaties. That is what reckoning looks like.

Islamophobia is rife in this country, and we have never even reckoned with the reality that Australia produced the Christchurch mosque murderer. Right now, Muslims, Palestinians and Arabs are being marginalised, silenced and vilified more than ever for taking a stand against Israel's genocide in Gaza. The far right here is more brazen and violent than I have ever seen in my time, and, sadly, we don't have a prime minister with the courage that Whitlam had to fight it.

The Racial Discrimination Act is also deeply personal to me. I've had to rely on it myself when I was targeted with racist abuse by a colleague in this very place, Senator Pauline Hanson, who told me to 'piss off back to Pakistan' and unleashed a torrent of hate against me and triggered people across the country. Using the act was not just about defending myself; it was about standing up for everyone who has ever been told they don't belong because of their skin colour or who has been told to 'shut up, be grateful or get the hell out'. The court found that her words were indeed racist and unlawful. That verdict, now under appeal, laid bare how hard it is, even with legislation in place, for people to get justice in a system built to minimise and excuse racism, and it showed how far we still have to go, because racism doesn't just live in slurs or tweets; it lives in policy choices, who gets housing, who gets stopped by police, who gets detained, who gets deported and whose stories are heard or erased.

So, yes, we commemorate 50 years of the Racial Discrimination Act, but we also confront its limits, especially when we have a national antiracism framework, a road map to end systemic racism, gathering dust on the government's bookshelves. The fight against racism is not a box we tick. It is ongoing and it demands courage, solidarity and action, not just words in a motion. Let's make the next 50 years about building an antiracist, decolonised country that truly lives up to the promise of the Racial Discrimination Act, where no-one's humanity is conditional, where First Nations sovereignty is recognised and where every person, regardless of race or background, can live free from discrimination and fear.

Jana Stewart (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

It's 1975, and—maybe not me!—people are wearing flares, listening to ABBA and watching Countdown. Under Labor's Whitlam government, the Racial Discrimination Act became law. For the first time, Australia said that racism has no place here. It made it illegal to treat someone unfairly because of their colour or ethnic origin. It gave everyone equal protection under the law. Employers could no longer reject somebody because of their surname. Landlords couldn't refuse tenants because of their skin colour. Public spaces and schools were open to all. And, if someone was discriminated against, they could take action. They could say, 'This isn't right,' and the law would stand with them. This parliament decided to put that fairness into law. For millions, that decision truly mattered. That's what progress looks like. But laws don't end racism; people do.

A recent review of the Racial Discrimination Act 1975 argues that the law remains crucial, yet its impact is constrained by media representation, public discourse and structural issues. While the act gives people legal rights, it does not fully remove the deeper social and institutional barriers that racialised communities often face, and, 50 years later, that fight continues. We see it in the fight to close the gap. The attacks on Camp Sovereignty showed equality on paper means little if it's not lived. We see it when Australians with multicultural backgrounds are told to 'go back to where they came from'. The marches earlier this year proved racism still exists in our nation. We see it every time someone's opportunity is limited by prejudice.

This anniversary is not a pat on the back; it's a call to keep going. When I think of the Racial Discrimination Act, I think of courage—the courage of people who spoke up when it wasn't popular, the courage of leaders like Gough Whitlam and Kep Enderby and all Aboriginal elders who believed this country could be better. As a Mutthi Mutthi Wamba Wamba woman, I know that progress is fragile. My family, like many others, lived through policies that tried to erase the very being of who we are. According to the Australian Bureau of Statistics, between 2018 and 2021, 65 per cent of First Nations people experienced everyday discrimination. So, no, you cannot say that racism does not exist in this country. And yet, here we stand—proud, loud and still here. Now is the time to represent the diverse voices that make Australia strong. That's why I'm here and that's why I do the work that we do.

This law set a standard that fairness is not optional; it's the law, and it's on all of us to keep it going that way. When one community is targeted, we all lose something. When we fight racism in our systems, our schools and our workplaces, we make our country stronger. So, on this 50th anniversary, let's honour those who fought for this law, let's honour those who fight to keep this promise alive, and let's make the next 50 years fairer, kinder and bolder, because equality is not a finish line. It's a fight, and every generation must pick up the baton and keep moving forward. It's a fight we must choose every single day. For me, I do that on the shoulders of so many of the women who came before me and who continue to fight for a fairer Australia and a fairer country for every single one of us.

Bridget McKenzie (Victoria, National Party, Shadow Minister for Infrastructure, Transport and Regional Development) Share this | Link to this | Hansard source

It's appropriate to recognise the historical context in which the Racial Discrimination Act was introduced. It was a global era of civil rights reform, and Australia, too, in bipartisan support, embarked on a legislative journey to confront racial discrimination. The act itself was passed by the parliament on 11 June 1975 and came into force on 31 October. The law outlawed discrimination on the basis of race, colour, descent, national or ethnic origin or immigration status. At its very heart, the Racial Discrimination Act articulated a core national value that all Australians, whatever their background, should be equal before the law and enjoy the same fundamental rights and opportunities.

From a conservative standpoint, two principles frame our approach: the protection of individual rights and the preservation of freedoms, including speech and religion, within an inclusive society. The Racial Discrimination Act represents a legislative foundation for a fair go for all—a value intrinsic to the National Party that reaffirms our commitment to uphold equality before the law, to protect individual rights and to ensure that every single Australian has access to opportunity, no matter what their colour, gender or religion or where they live.

Importantly, the act has contributed to Australia's evolution into a more multicultural, inclusive society—one which increasingly recognises that cultural diversity is a source of national strength, especially to our rural and regional communities. The National Party, as a representative voice for regional Australia, brings to this discussion a particular perspective—one grounded in practical reality and one grounded in opportunity, community empowerment and the promotion of secure inclusive regional communities. Our own policy framework states clearly that we want to see stronger, more secure and sustainable local communities that provide the opportunity for everyone to prosper, delivering a stronger, more secure and sustainable nation.

When I think about Aboriginal and Torres Strait Islander populations out in rural and regional communities, I think of National Party electorates—like the electorates of Parkes, New England, Cowper, Maranoa, Page, Flynn, Dawson, Lyne, Riverina and even Capricornia, which are all in the top 20 electorates around this country with high proportions of Indigenous Australians. It is very much in our interest to have an inclusive society and for all Australians to experience equality under law and in community. That is very much something that National Party MPs and senators uphold.

It has often been the case—and it's been so even in this chamber this week—that confusing and legitimate concerns in the community about high immigration under this current government or voting no at a referendum on the Voice somehow mean Australia is a racist country, and that is wrong. It is absolutely wrong. Is there more work to do? Absolutely. Is it beholden on everybody in this chamber and outside of parliament to take individual and collective responsibility for that? Yes, it is. But it shouldn't be an excuse to shut down legitimate debates and concerns about real problems in our broader community.

We need to recognise and understand that living in rural and regional Australia does bring unique demographic challenges but also significant opportunities. We're increasingly multicultural, with migrant arrivals and seasonal workforce movements. Local government jurisdictions are managing very, very diverse needs. We need to ensure that the protections of the Racial Discrimination Act are operational in these settings, as both a moral and an economic imperative. At the 50-year milestone, our work is far from complete. We need to ensure that the Racial Discrimination Act remains a cornerstone to enlighten all of our individual and collective behaviours to make sure that Australia remains inclusive for everybody who chooses to build a future here.

Larissa Waters (Queensland, Australian Greens) Share this | Link to this | Hansard source

This year marks the 50th anniversary of the Racial Discrimination Act—a landmark piece of legislation that was designed to ensure that all of us are treated equally, regardless of race, ethnicity, background or the colour of our skin. The Racial Discrimination Act also laid the groundwork for the Sex Discrimination Act and the Disability Discrimination Act, both of which have helped us build a more inclusive society. We should commemorate this anniversary and how far we've come. We should also use it as a call to action for how much more we can do to stamp out racism in our communities and make our society more equal for all Australians and for all people who call Australia home.

Late last year, the Australian Human Rights Commission launched the National Anti-Racism Framework, with recommendations and a road map for governments, business and community organisations to address all forms of racism in Australia. The recommendations in that framework call on the Australian government to lead a national response to eliminating racism, starting with truth-telling for First Nations peoples and embedding their right to self-determination. It also recommends the implementation of antiracism action across all sectors, including health, education, the media, the arts and the justice system. So far, those recommendations have been left to gather dust. There's been no formal response from the Labor government and, crucially, no funding for the Australian Human Rights Commission to start implementing that framework.

Everyone deserves to live with dignity, equality and access to justice, but our current systems are failing to deliver. Fifty years on from the Racial Discrimination Act, it remains a vital tool in the fight against racism, but it cannot be the only tool. It's not enough to say that racial discrimination is illegal; we need to be actively antiracist.

Wherever we are in this nation, we are living and working on stolen and unceded land, and we still have a long way to go before we can achieve any semblance of racial equality with First Nations people, let alone justice. First Nations kids are 26 more times likely to be imprisoned than non-Indigenous kids. First Nations women are 33 times as likely to be hospitalised for family violence as non-Indigenous Australians. It's 2025, and we still don't have a truth-telling process in this country. The Aboriginal and Torres Strait Islander Voice referendum campaign clearly showed there is a compelling case for truth-telling and treatymaking to deliver hope, justice and pathways towards healing for this ancient nation. The major parties have not only failed to address these issues; they've also often exacerbated them through divisive rhetoric and policies that neglect the lived realities of racism in Australia.

Australia is a country built on immigration, and we should be proud of that fact. We are enriched by having diverse communities with cultural, linguistic and spiritual traditions, but those communities face systemic racism and discrimination. We've seen an increase in Islamophobia, anti-Palestinian racism and antisemitic threats and attacks alike. These are not isolated incidents; they are part of a deeply worrying trend that demands urgent action. This year we've seen those on the opposite side of the political spectrum ramp up their attempts to harness people's rightful anger at housing and the cost-of-living crisis and try to twist that into an unfounded attack on migrants. We cannot let the major parties or those on the far right demonise migrants and use them to distract from their own failings. The reality is it's inequality and not immigration that people should be angry about.

The Greens are the only party with a standalone antiracism portfolio, held by our fabulous and staunch deputy leader, Senator Faruqi, and we're the only party with a plan to build an antiracist and genuinely multicultural country. We are the ones in this place encouraging people to direct their anger at the real cause of inequality in this country—the big corporations and the ultrawealthy individuals who are pulling the strings behind the two major parties.

Everyone has the right to live without fear of racial violence, abuse and discrimination, and the Greens will always support people and communities left behind by systemic racism, in the face of major parties that seem hell-bent on upholding policies that entrench inequality and injustice.

Dorinda Cox (WA, Australian Labor Party) Share this | Link to this | Hansard source

As an Noongar Yamatji woman and Labor senator for WA, I stand here with deep pride to reflect on and mark the 50-year anniversary of the Racial Discrimination Act 1975. It's one of the most important and transformative pieces of legislation in our nation's history.

When the Parliament of Australia passed the Racial Discrimination Act 1975, it became the first federal law to make it unlawful to treat someone unfairly because of their race, colour, descent, nationhood or ethnic origin. It was an extraordinary moment in the story of this country, and it came after decades of struggle by Aboriginal and Torres Strait Islander people and migrant communities who demanded recognition, equality and respect. It came after the shame of the White Australia policy and after generations of exclusion that denied so many people their basic rights.

This landmark reform was the work of a Labor government. It was the Whitlam Labor government that introduced and passed the act, drawing inspiration from the United Nations International Convention on the Elimination of All Forms of Racial Discrimination. In doing so, Labor placed Australia firmly on the side of equality and human rights. Prime Minister Gough Whitlam called it 'a historic measure' to 'entrench new attitudes of tolerance and understanding in the hearts and minds of the people'. It was Labor's belief in fairness, the dignity of every person and the power of government to deliver social justice that made this act possible.

For my people, First Nations and First Australians, the act was part of a much longer journey towards equality. It didn't erase the wounds of dispossession or the pain of the stolen generations, but it offered a new framework for justice. It gave Aboriginal and Torres Strait Islander people a voice in the courts and in the community, and it laid the foundations for future reforms, from land rights to native title and from self-determination to reconciliation. Fifty years on, the Racial Discrimination Act remains the cornerstone of our democracy. It has helped Australians challenge racism, advance fairness and build a society that celebrates diversity instead of fearing it. It reminds us that difference is not a threat to be managed but a strength, in fact, to be embraced.

Anniversaries are not only for celebration; they are also for reckoning. While we can be proud of how far we've come, we must also be honest about how far we still have to go. Racism is not an artefact of history; it persists in our institutions, in our systems and in the daily lives of too many First Nations and culturally diverse Australians. As an Indigenous Labor senator, I see the Racial Discrimination Act not as a relic of the past but as a living commitment, a reminder that laws alone cannot end racism but can light a path towards justice. Every generation has a responsibility to renew that commitment and to make sure equality before the law is matched by equality in life.

This act was born of courage and conviction from people who refused to accept that division is inevitable. Our task now is to carry that spirit forward to ensure that every person, regardless of their background, can live with dignity and without fear of discrimination. The Racial Discrimination Act was a promise made by a Labor government that believed in fairness, equality and justice for all. Our job now is to keep that promise alive.

Paul Scarr (Queensland, Liberal Party, Shadow Minister for Immigration) Share this | Link to this | Hansard source

It's a great honour and privilege to contribute to this recognition of the passage of the Racial Discrimination Act 1975, and, in doing so, I acknowledge that the Liberal Party of Australia supported the passage of this act. I would like to quote from one of my boyhood heroes, someone who means a great deal to me and to others I know very well, Senator Neville Bonner, who spoke on the passage of this legislation. Neville Bonner was of course the first Indigenous senator to sit in this place—a remarkable individual. I'm proud to be a Liberal senator for Queensland knowing that Neville Bonner was also a Liberal senator for Queensland.

I want to read to you from his speech on this bill, which I read last night and which is very moving. I recommend that everyone go back and read Neville Bonner's speech. There are two excerpts that I thought particularly warranted being put on the record:

I have had the opportunity to read some of the speeches on this Bill. Some have said that there is no discrimination. I say to all and sundry: Ask an Italian, a Sicilian, or a Greek who has been called—

I won't repeat the denigrating terms—

… or ask a Jew who has been called—

another denigrating term—

… Ask some of the Aboriginal people who have been called—

denigrating terms—

… whether there is discrimination. There is discrimination and we must do something about it.

He said:

Over the last few years, particularly since becoming a senator for Queensland, I have had the opportunity to travel quite extensively throughout Australia. To my consternation, to my hurt and to my shame I have found throughout this country discrimination and prejudice aimed particularly at one of the minority groups. I speak particularly of the Aboriginal community.

Then Neville Bonner recounted a personal experience, which is heartbreaking:

I quote a case in which I was involved 8 or 9 years ago. I was manager of a farm. Unfortunately the company which owned it was closing down. It gave me a month's notice. During that month I scanned the newspapers because I had 7 children at school and I had to support and feed them. I was looking for another job. There were advertisements in the papers about a manager required for a farm or for a family to work a farm. I answered one of these advertisements. I took my son with me—

He took his son with him—

We drove to the farm. A chap met us at the gate. He leaned over the gate and said: 'What do you chaps want?' Prior to that I had rung him and he had told me to come and look at the house and conditions, how far it would be for my children to go to school, and so on. At that time I did not tell him I was an Aborigine. I was just talking to him on the telephone. When we arrived he said: 'Yes, what do you chaps want?' I said: 'I am Neville Bonner. I spoke to you on the telephone about the job on the farm'. He said: 'I am sorry, it would not be available to you. I could not have an Aborigine working on my farm because we are supplying milk'. There is no discrimination, according to some people.

I find it difficult to place anything on the record that has the resonance of what Neville Bonner said in relation to this matter. I simply say all of us as Australians have a deep responsibility to do everything that we can to combat racism and discrimination in all of its forms, to bring Australians together and to not divide them.

Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

How wonderful of the government to celebrate half a century of solving racism in this country. Of course, in the last 50 years since introduction of the Racial Discrimination Act, First Peoples and people of colour have experience no racism and discrimination at all—LOL!—because this country is so welcoming to asylum seekers and to refugees and values its rich history of the oldest continuing living culture in the world more than anything.

If you ask me, the anniversary of the Racial Discrimination Act is not a reason to celebrate but a reason for the governments of this country to hang their heads in shame. Racism kills. Despite the act supposedly making it unlawful to discriminate based on race, ethnicity, colour, country of origin or immigration status, this country's immigration laws are so racist that even Trump is jealous. The act has been around since I was three years old, and this country is more racist today than back then. I experienced racism at school, at work and even in the hospital where I gave birth to my three children. I had to fight when my kids experienced racism then and fight when my grandkids experience racism today.

My people are the most incarcerated people in the world. Our babies continue to be taken from us in ever increasing numbers, and more and more of our people are taking their lives. We have Nazis marching for racism and politicians standing with them. Nazis can even publicly and violently attack us and desecrate a burial site and get away with it with a slap on the wrist. The genocidal practices continue day by day in this country. They are systemic, sophisticated and driven by this place.

Publicly, of course, this government is trying to save face through a tick-a-box measure like the Racial Discrimination Act and by having a Race Discrimination Commissioner. The commissioner's National Anti-Racism Framework showed the act has no antiracist or systemic approach. There's a huge backlog of racism complaints, and, even when people manage to go through this challenging process, it hardly ever ends in anything real, in actual redress or in any consequences for the perpetrator. When the government want to be racist, they can just suspend the Racial Discrimination Act, as they did in the Northern Territory intervention.

This very workplace—colonial headquarters—is built on racism, and it's not any safer than it was back then. There is no mandatory antiracism training here. I am certain that almost no parliamentarians have ever had such training, and it shows in what they say, in their behaviours and in their actions every day in this place. In fact, I still get reprimanded for calling out racism in this place by the very president of this place while those who are actively racist get protected and supported by this system. Meanwhile the anti-racism commissioner is supposed to—

Maria Kovacic (NSW, Liberal Party, Shadow Assistant Minister to the Leader of the Opposition) Share this | Link to this | Hansard source

Senator Thorpe, I don't mean to interrupt you, but could you please withdraw the remark about the President. I want you to continue with your contribution.

Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

I withdraw. Meanwhile the anti-racism commissioner is supposed to fix everything with two staff. He and his team are completely overstretched with the ever-increasing demands of the job. If the government were serious about protecting people's rights, it would enshrine them in legislation through a national human rights act. Let's be clear—this government is not serious about tackling racism in this country. It has been a whole year since the National Anti-Racism Framework was handed down, and the government have not responded to that framework. There's been zero response. The colonial system has no interest in tackling racism. It is built on it. Look at the Northern Territory government right now and how it gets away with openly targeting my people—locking our kids up, destroying our sites—with no consequences. The government here needs to stand up to any racism, including these state and territory governments.

Deborah O'Neill (NSW, Australian Labor Party) Share this | Link to 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)

Kerrynne Liddle (SA, Liberal Party, Shadow Minister for Indigenous Australians) Share this | Link to this | Hansard source

The Racial Discrimination Act passed in 1975 and established legal protection against racial discrimination amidst a global push for civil rights and antidiscrimination laws. It passed with bipartisan support. Equality before the law is a core Liberal value. We believe in individual rights and freedoms, including protection from discrimination, recognising the need to balance antidiscrimination protections with freedoms of speech and religion. The coalition has always focused on practical measures to address disadvantage, such as targeted programs in education, employment and health for Indigenous and migrant Australians and effective, meaningful, public awareness and education on issues of race and equality. We've supported the process of reconciliation.

Legislation alone, though, cannot change attitudes or eliminate prejudice. In fact, what must also occur is doing things that do no further harm and that prevent it before it starts. Social and economic inclusion create opportunity, diminish difference and make a place in every corner, place and community based on equality of opportunity. Using legislation to assert rights is available to all citizens, but the advice should always be to prevent, to intervene early and to respond and behave in ways that do not result in the need to assert legal rights.

The Labor government talks a big talk about social cohesion, yet it has stood by idly and has seen some of the most appalling antisemitic attacks on the Jewish community in Australian history. According to the Executive Council of Australian Jewry, in the 12 months following 7 October 2023, there was a 316 per cent increase in antisemitic attacks. To ensure a fair and just community, we need to be always vigilant. The first job that this government focused on in its first term was the Voice to Parliament referendum. It was perhaps one of the most divisive periods in our history not just for Indigenous Australians but for all Australians, and it was not just about the proposition but also about how this government went about it. It pitted people against each other on the basis of race, giving special rights to a group of people above all others in our foundation document, the Australian Constitution.

Prioritising symbolism over practical action does not change lives. Despite the Labor Party promulgating its own version of history, here are some facts. It is the Liberal Party that has taken practical action to address exclusion and division. In early 1967, the Federal Council for the Advancement of Aborigines and Torres Strait Islanders sent a delegation to meet with Liberal Prime Minister Harold Holt. They sought and received support for a referendum to remove words discriminating against Indigenous Australians from the Constitution. That was a Holt government. This included the removal of words from section 51. Later that month, the Australian parliament passed the coalition's Constitution Alteration (Aboriginals) 1967, ensuring Aboriginal and Torres Strait Islanders would be counted as part of the Australian population and that the parliament could make laws for them. The key difference between this successful process and the Albanese government's Voice referendum is that the coalition introduced clear legislation and then actively campaigned on it.

These important reforms did not end with the Holt government. The Office of Aboriginal Affairs was established soon after Prime Minister Gorton to receive advice on issues impacting Aboriginal and Torres Strait Islander peoples. Prime Minister John Howard introduced Indigenous protected areas in 1998. In 2019, the coalition government established the NIAA to lead and coordinate Indigenous policy across government. This approach is echoed by our support for a standalone estimates day, something the Albanese government got rid of. The previous coalition government introduced the groundbreaking Indigenous procurement policy to ensure greater opportunity in business to contradict those terrible stereotypes that sometimes persist. In the chamber this week, we saw the Greens make an issue about race when I don't believe race was even an issue. Race is not something to raise to shut down dissent. People are harmed, not helped, by that.

Thanks to all those who have contributed to those over the last 50 years—lawmakers, community advocates and everyday Australians. Thanks to people like the late Neville Bonner, who first came into the Senate as a Liberal Senator in 1971 and said, 'I am a senator for all Australians, no matter their ethnicity, no matter their background or ancestry.' It's important we reflect on those words. Today, though, we recognise that there is still much more work to be done.

Fatima Payman (WA, Australia's Voice) Share this | Link to this | Hansard source

Fifty years ago, this parliament took a historic step. It passed the Racial Discrimination Act 1975, the first federal law to make it unlawful to treat someone unfairly because of their race, colour, descent or national or ethnic origin. It wasn't an easy passage. The act we celebrate today was the last of four racial discrimination bills introduced under the Whitlam government. It took two years between 1973 and 1975 for both houses to agree on this reform, which implemented Australia's obligations under the International Convention on the Elimination of all Forms of Racial Discrimination. Australia signed that convention on 13 October 1966, yet it took almost a decade and a change of government for this nation to honour its promise.

In his second reading speech, Attorney-General Kep Enderby, who had been appointed to that office only three days prior, said something that still rings true today:

The Bill is based on the view that laws proscribing discrimination are vital, but not in themselves alone can they be sufficient. The educative role is at least as significant and the Bill recognises that there must also be effective and systematic enforcement of rights and the promotion of education and research, if the elimination of racial discrimination in this country is to be achieved in fact as well as in theory.

That captures the heart of this anniversary. The Racial Discrimination Act did not end racism in Australia. It marked the beginning of our national journey, a promise that equality would no longer be just an aspiration but a legal right. And yet I need only to glance at my Facebook comments to know that racism is still alive in this country.

We will not arrive at universal tolerance by accident. If we want to continue to live in a harmonious, multicultural society, we must work for it. The responsibility lies with every generation, every community and every parliament. Racism in this country has a long history, from the myth of terra nullius to the massacres of First Nations people and the forced removals of children during the stolen generations. Even this very place has not been immune. The first amendment ever moved in this chamber, on 21 May 1901, proposed prohibiting immigration from the Pacific.

As a woman of colour born in Afghanistan and raised here in Australia, I know that the protections we commemorate today made it possible for people like me to stand here. My parents came to this country seeking peace and opportunity. It was the vision of multicultural Australia built on belonging, not exclusion, that gave us the chance. The Australia we all know today was built by immigrants who brought their food, their music, their languages, their faiths and their traditions. That is what makes us rich and makes every generation of Australians more colourful than the last.

But alongside that beauty we have seen shadows of bigotry: the rise of Islamophobia, antisemitism, anti- Palestinian racism and all forms of racial discrimination; the reemergence of Neo-Nazi movements on our streets; and politicians who trade in fear using division as a tool. This is not who we're meant to be. When hatred is normalised, when migrants and refugees are scapegoated, and when truth-telling and treaty are ignored, we betray the progress of the last 50 years. We must remember that education, empathy and equality are the antidotes to prejudice.

That is why the next step in this journey must be the introduction of a national human rights act. Australia remains the only liberal democracy in the world without one. Right now our protections and laws are patchy and incomplete. The Racial Discrimination Act was a huge milestone. A human rights act would be a natural successor, guaranteeing that, no matter who you are, where you come from or what you believe, your rights are protected by law.

So, as we mark 50 years since the parliament took that courageous step under Gough Whitlam's leadership, we should ask ourselves: what will the next 50 years demand of us? We must summon the same courage, the same moral clarity and the same resolve, because Australia's story—my story, your story—is proof that, when we make room for everyone, this nation shines the brightest.

Lisa Darmanin (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

Racism in all its forms is ultimately a denial of dignity and respect. Today we mark the anniversary of the Racial Discrimination Act, but let's also remark on its continuing aspirations into the future, because the act doesn't prevent these denials from continuing to happen, as those of us here in this place know well. But it sets the standard for how we should approach these denials, and it sets a framework for how we should respond. We have witnessed stunts to shock and divide—entering this chamber in cultural or religious dress, not as a sign of respect but as a prop to ridicule. We have seen senators turn their backs on acknowledgement of country, a small but deeply significant act of respect to the First Nations peoples of this land. We hear inflammatory claims that entire communities are a threat to public safety, seeking to weaken racial vilification protections under section 18C of the Racial Discrimination Act, framed as free speech. (Time expired)

Question agreed to.