The Racial Discrimination Act
2.1 The Racial Discrimination Act 1975 (RDA) gave effect to Australia's
obligations under the International Convention on the Elimination of all
Forms of Racial Discrimination. This Act enshrines equality of treatment
between all Australians. In a sense it is our bill of rights; and it was
a cornerstone of the Mabo decision.
2.2 Coalition Policy states that it will 'respect the provisions of the
Racial Discrimination Act'. The Coalition Government has confirmed on
many occasions and at the highest level that it will respect the RDA.
The first Outline document 'Towards a More Workable Native Title Act'
(May 1996) advises (p1):
The Government's policy prior to the election was to ensure the
NTA's workability but in so doing to respect the provisions of the RDA.
On 6 May 1996, in response to a question by Mr D Melham MP, Prime Minister
Howard confirmed:
On 21 May 1996 in response to a question from Mr B H Wakelin MP concerning
amendments to the Native Title Act, Prime Minister Howard said:
We also said that we would respect the principles of the Racial
Discrimination Act, and we will. [2]
2.3 This is consistent with the policy of all political parties. To avoid
any doubt it is imperative that the provisions of the Amendment Bill make
it clear that the intention of the Parliament is that the terms of the
Racial Discrimination Act 1975 shall prevail over all provisions amending
the Native Title Act 1993.
Minority Recommendation 1
| That the following be adopted:
(1) Without limiting the general operation of the Racial Discrimination
Act 1975 in relation to the provisions of the Native Title
Act 1993, the provisions of the Racial Discrimination Act
1975 are intended to prevail over the provisions of this Act.
(2) The provisions of this Act do not authorise conduct that is
inconsistent with the provisions of the Racial Discrimination
Act 1975.
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Footnotes
[1] Hansard, p.346
[2] Hansard, p.919
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