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

My question is to the minister representing the Attorney-General, Senator Farrell. In February 1975, the then Labor attorney-general, Kep Enderby, introduced the Racial Discrimination Act. The act passed in June 1975, and tomorrow, Friday 31 October 2025, marks the 50th anniversary of the commencement of the act. As it's Australia's first piece of Commonwealth antidiscrimination legislation and the first to prohibit racial discrimination, how significant is this anniversary?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

I thank the senator for that very important question and the great work that she does on behalf of her constituents in that great state of Victoria. The passage of the Racial Discrimination Act was a historic step, for the first time making racial discrimination unlawful in Australia through federal legislation. Back then, the White Australia policy had only recently been rightly completely abolished by the Whitlam government in 1973, removing race as a determining factor for immigration decisions.

The establishment of the Racial Discrimination Act created a right that had not previously existed in common law—that is, the right not to be discriminated against on the grounds of race. The act contains both a general provision making racial discrimination unlawful under section 9 and specific protections in areas including employment, the provision of goods, housing and accommodation. The act also provides the template for the states and the territories to follow, all of whom have since enacted their own antidiscrimination laws.

For the past 50 years, the Racial Discrimination Act has provided a standard to which we can aspire where all members of our community are treated respectfully without distinction to race, colour, descent or nationality. As Prime Minister Whitlam said in the statement on the proclamation of the act:

The purpose of the Racial Discrimination Act is … to set standards for the future, and build a climate of maturity, of goodwill, of co-operation and understanding at all levels of society.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Darmanin, first supplementary?

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

Thank you, Minister. It's a very significant reform, and it's wonderful to see it reach 50 years. For 40 years, the Australian Human Rights Commission has helped to give practical effect to the Racial Discrimination Act. What recent work has been done by the commission to support the intention of the act?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

I thank the senator for her first supplementary question. Yes, it is a very significant day to reach that 50-year milestone.

The Australian Human Rights Commission provides education and training, including to employers to ensure that workplaces are inclusive and respectful. They also work to resolve complaints made under the act. In the five years to 2024, the commission received over 2,200 complaints under the act, which accounts for about 14 per cent of total complaints. In October 2022, the government provided $7.5 million to the commission to develop the National Anti-Racism Strategy to tackle racism and promote racial equality in Australia. The commission has also helped to deliver the 'Racism. It Stops with Me' campaign, which has helped build community understanding of racism in Australia. (Time expired)

Sue Lines (President) Share this | Link to this | Hansard source

Senator Darmanin, second supplementary?

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

The Australian Labor Party is very proud of our record in introducing and defending the Racial Discrimination Act. How is the Racial Discrimination Act still ensuring that Australians who may experience racism are protected under this important federal law?

Don Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | Link to this | Hansard source

I thank the senator for her second supplementary question. As the senator has said, the Australian Labor Party is proud of our record of introducing and defending the Racial Discrimination Act. Unfortunately, there are still some people in our society who want the right to discriminate enshrined in our laws and who call for the repeal of section 18C of the Racial Discrimination Act. To remind senators who are not aware of these provisions, section 18C makes it unlawful to 'offend, insult, humiliate or intimidate another person' because of 'the race, colour or national or ethnic origin of the other person'. The Australian Labor Party has always understood and defended the importance of section 18C of the Racial Discrimination Act.