The Racial Discrimination Act 1975: Provisions and the Receipt and Outcome of Complaints

Focussing upon the function of complaint investigation and conciliation, the paper reviews the provisions and operation of the Racial Discrimination Act 1975. Between 31 October 1975 and 10 December 1981 a total of 5,383 complaints were received by the Commissioner for Community Relations, with Aboriginals markedly over‐represented among the complainants. For reasons associated with a complaint‐based procedure, the number of complaints received cannot be treated as a true indication of the extent of racial discrimination. Despite shortcomings of the Act, some of which stein from amendments to the Bill in 1975, it does provide a check upon the actions of major ‘gatekeepers’ and a viable source of redress for discrimination in certain spheres of life. It is noted that effective implementation of the Act has been hampered by various obstacles, in particular by a shortage of staff and financial resources.