Recommendation 121

Australia has comprehensive anti-discrimination laws at federal, state and territory level that are the subject of ongoing review and public debate. The Racial Discrimination Act 1975 (Cth) makes discrimination on a range of grounds unlawful, including race, colour, descent and national or ethnic origin.

The Australian Government supports the National Anti-Racism Strategy and its related public awareness campaign, Racism. It Stops With Me.

Australia has had a dedicated federal Race Discrimination Commissioner since 1986. The Commissioner is established within the Australian Human Rights Commission by the Racial Discrimination Act 1975 (Cth). The Commissioner’s functions include promoting understanding and acceptance of the Act, and developing research and educational programmes to combat racial discrimination. The Commissioner leads the National Anti-Racism Strategy and the ‘Racism. It Stops With Me’ campaign. Information about the Commissioner and work underway can be found on the Race discrimination page on the Australian Human Rights Commission website.

Australians are free to choose their religion. Australia is committed to protecting the right of all people to express and practise their religion without intimidation, interference or harassment, provided those practices are within the framework of Australian law. On 22 November 2017, the former Australian Prime Minister, the Hon Malcolm Turnbull MP, announced the appointment of the Hon Philip Ruddock to examine whether Australian law adequately protects the human right to freedom of religion. Mr Ruddock has recently served as Australia’s Special Envoy for Human Rights, and previously held the positions of Commonwealth Attorney-General and Minister for Immigration and Multicultural Affairs . Mr Ruddock was assisted by an expert panel consisting of the President of the Australian Human Rights Commission, Emeritus Professor Rosalind Croucher AM, retired Federal Court of Australia Judge and Chancellor of Bond University, the Hon Annabelle Bennett AO SC, and Jesuit Priest and Catholic Services Australia CEO, Father Frank Brennan SJ AO. The expert panel reported its finding to the Prime Minister on 18 May 2018. The Australian Government is considering the expert panel’s findings.

On 29 November 2016, the Minister for Foreign Affairs, the Hon Julie Bishop MP, asked the Joint Standing Committee on Foreign Affairs, Defence and Trade (JSCFADT) to inquire into and report on the status of the human right to freedom of religion or belief. The JSCFADT inquiry is looking more broadly into freedom of religion around the world, including Australia. The inquiry is ongoing.

For information on state and territory anti-discrimination laws, visit:

• Australian Capital Territory – ACT Human Rights Commission
• Northern Territory – NT Anti-Discrimination Commission
• New South Wales – Anti-Discrimination Board of NSW
• Queensland – Queensland Government and Anti-Discrimination Commission Queensland
• South Australia –  Equal Opportunity Commission SA
• Tasmania – Equal Opportunity Tasmania
• Victoria – Victorian Equal Opportunity and Human Rights Commission
• Western Australia – Equal Opportunity Commission