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3 Found helpful • 6 Pages • Essays / Projects • Year: Pre-2021
Australia’s legislative attempts against racial hate crime or vilification include the Racial Discrimination Act 1975 (“RDA”) s 18C and in New South Wales, the Anti-Discrimination Act 1977 (“ADA”) s 20D. The high rate of discontinuance of vilification complaints and the fact that most complaints of racial vilification in NSW appear to be made under Federal legislation raise a question about the efficacy of the legislative scheme in NSW, even despite its recent reforms. Furthermore, the confusion and lack of clarity regarding the element of “public act” in NSW or “otherwise than in private” in the Commonwealth legislation have rendered legislation to be regressive and backward in comparison with other countries such as the United Kingdom (UK). It is this paper’s contention that Australia and NSW should adopt a method similar to that of the UK where they have enacted a punishment enhancement model for their hate crimes during criminal sentencing.
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