Latest document on cases investigated under section 18c of the Racial Discrimination Act

EnergizerBunny made this Freedom of Information request to Australian Human Rights Commission

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Australian Human Rights Commission,

I would like the latest document that shows how many cases have been investigated or had charges laid using section 18C of the Racial Discrimination Act, since the act was passed.

If possible, please treat this as an informal request and just send through the document or a link if they’re already public. Otherwise, please treat this as a formal FOI request.

Yours faithfully,

Eliza.

Freedom of Information, Australian Human Rights Commission

Hi Eliza
We will shortly allocate this matter and the officer to whom it is allocated will be in touch in due course.
Please note that the Commission does not and cannot 'lay charges'. Nor does s 18C of the Racial Discrimination Act allow or provide for this to occur. The investigation conducted by the Commission is a civil matter. If the Commission is not successful in conciliating the complaint it must terminate the complaint and any person who was an affected person in relation to the complaint may make an application to the Federal Court or the Federal Circuit Court, alleging unlawful discrimination by one or more of the respondents to the terminated complaint. This is a civil proceeding not a criminal one and is only between the parties to the complaint.
regards

Michelle Lindley
Deputy Director
Legal Section
Australian Human Rights Commission
Level 3, 175 Pitt St, Sydney NSW 2000
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9679 F +61 2 9284 9611
E [email address] W www.humanrights.gov.au
Human rights: everyone, everywhere, everyday

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Chantal Tanner, Australian Human Rights Commission

1 Attachment

Dear Eliza,

 

The Australian Human Rights Commission has begun processing your request
under the Freedom of Information Act 1982 (Cth) (FOI Act).

 

You requested access to information that the Australian Human Rights
Commission produced and/ or holds.

 

You specifically request access to Commission documents that shows how
many cases have been investigated using section 18C of the Racial
Discrimination Act, since the act was passed.

 

Under the FOI Act, the Commission has until 22 December 2016 to make a
decision in relation to your request.

 

Please feel free to contact me should you have any questions relating to
your request for documents.

Kind regards,

 

Chantal Tanner

Legal Section

Australian Human Rights Commission
Level 3, 175 Pitt Street, Sydney NSW 2000
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9796 | F +61 2 9284 9787
E [1][email address] | W [2]humanrights.gov.au

Human rights: everyone, everywhere, everyday

[3]cid:image001.jpg@01D1F92F.99FA6C80

 

Find out more about the [4]Human Rights Awards

 

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References

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Freedom of Information, Australian Human Rights Commission

Hi Eliza
We are in fact able to provide this information administratively. While we are unable to calculate 'how many cases have been investigated or had charges laid using section 18C of the Racial Discrimination Act, since the act was passed' we have been able to calculate the number of complaints lodged with the Commission on the grounds of racial hatred since s 18C was introduced into the RDA in 1995.

The number of complaints lodged with the Commission on the grounds of racial hatred since 18C was introduced into the RDA is 1980.

Regards
Michelle

Michelle Lindley
Deputy Director
Legal Section
Australian Human Rights Commission
Level 3, 175 Pitt St, Sydney NSW 2000
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9679 F +61 2 9284 9611
E [email address] W www.humanrights.gov.au
Human rights: everyone, everywhere, everyday

show quoted sections