Corrective justice and redress under Australia's racial vilification laws

Journal article


Swannie, Bill. (2021). Corrective justice and redress under Australia's racial vilification laws. University of Queensland Law Journal. 40(1), pp. 27-66.
AuthorsSwannie, Bill
Abstract

This article examines the process for seeking redress under Australia's racial vilification laws. Recently, the debate concerning pt IIA of the Racial Discrimination Act 1975 (Cth) has focused on unmeritorious complaints and the importance of quickly terminating such complaints. This article argues that pt IIA establishes a civil wrong and that corrective justice provides an appropriate framework for understanding the process by which complainants may seek redress for this wrong. However, the remedial process currently fails to provide corrective justice in two ways. First, conciliation is compulsory and this unduly restricts complainants from commencing proceedings. This is inconsistent with the public character of vilification, which indicates that public vindication may be more appropriate than private settlement. Second, current costs rules may deter complainants from seeking vindication of their rights. Therefore, these rules should be modified in proceedings for racial vilification.

Year2021
JournalUniversity of Queensland Law Journal
Journal citation40 (1), pp. 27-66
PublisherT. C. Beirne School of Law, The University of Queensland
ISSN0083-4041
Web address (URL)https://search.ebscohost.com/login.aspx?direct=true&AuthType=shib&db=a9h&AN=150160701&site=ehost-live&scope=site&custid=s5501413
Page range27-66
Publisher's version
License
All rights reserved
File Access Level
Controlled
Output statusPublished
Publication dates
Online2021
Publication process dates
Deposited29 May 2023
Permalink -

https://acuresearchbank.acu.edu.au/item/8z124/corrective-justice-and-redress-under-australia-s-racial-vilification-laws

Restricted files

Publisher's version

  • 34
    total views
  • 0
    total downloads
  • 1
    views this month
  • 0
    downloads this month
These values are for the period from 19th October 2020, when this repository was created.

Export as

Related outputs

Examining BA v The King : Can a ‘home’ provide security from domestic violence?
Swannie, William. (2024). Examining BA v The King : Can a ‘home’ provide security from domestic violence? Alternative Law Journal. 49(2), pp. 120-125. https://doi.org/10.1177/1037969X241237015
A critical appraisal of the 'no contact' rule
Swannie, Bill. (2023). A critical appraisal of the 'no contact' rule. Adelaide Law Review. 44(1), pp. 246-273.
Protection from forced eviction : What rights do social housing tenants have under human rights charters?
Swannie, Bill. (2023). Protection from forced eviction : What rights do social housing tenants have under human rights charters? Australian Journal of Human Rights. 29(1), pp. 23-43. https://doi.org/10.1080/1323238x.2023.2226948
Protection from institutional censorship : An essential aspect of academic freedom
Swannie, Bill. (2022). Protection from institutional censorship : An essential aspect of academic freedom. University of New South Wales Law Journal. 45(4), pp. 1489-1512. https://doi.org/10.53637/DHIC5747
Reasonable accommodation of employees’ parenting and care responsibilities : A human rights perspective
Swannie, Bill. (2022). Reasonable accommodation of employees’ parenting and care responsibilities : A human rights perspective. Monash University Law Review. 48(2), pp. 208-237.
A critical appraisal of the media safe harbour in the Australian Consumer Law
Swannie, Bill. (2022). A critical appraisal of the media safe harbour in the Australian Consumer Law. Australian Business Law Review. 50(2), pp. 126-143.
Rights, Liberties and Restrictions
Swannie, William. (2021). Rights, Liberties and Restrictions. In Australian Constitutional Law and Government pp. 325-348 LexisNexis.
Speaking back : Does counterspeech provide adequate redress for racial vilification?
Swannie, Bill. (2021). Speaking back : Does counterspeech provide adequate redress for racial vilification? Adelaide Law Review. 42(1), pp. 39-72.
Protecting victims not punishing perpetrators : Clarifying the purpose of s 18C of the Racial Discrimination Act
Swannie, Bill. (2020). Protecting victims not punishing perpetrators : Clarifying the purpose of s 18C of the Racial Discrimination Act. Media and Arts Law Review. 24(1), pp. 24-47.
Speech acts : Is racial vilification a form of racial discrimination?
Swannie, William. (2020). Speech acts : Is racial vilification a form of racial discrimination? Adelaide Law Review. 41(1), pp. 179-216.
Racially derogatory cartoons and racial vilification laws : Where to draw the line?
Swannie, Bill. (2020). Racially derogatory cartoons and racial vilification laws : Where to draw the line? Alternative Law Journal. 45(4), pp. 291-297. https://doi.org/10.1177/1037969X20918663
The influence of defamation law on the interpretation of Australia’s racial vilification laws
Swannie, Bill. (2020). The influence of defamation law on the interpretation of Australia’s racial vilification laws. Torts Law Journal. 26(1), pp. 34-72.
From Alienation to Empowerment : How Legal Educators Can Support Student Wellbeing
Swannie, William. (2019). From Alienation to Empowerment : How Legal Educators Can Support Student Wellbeing. In Wellness for Law: Making Wellness Core Business pp. 123-129 Lexis Nexis Australia.
Are racial vilification laws supported by free speech arguments?
Swannie, Bill. (2019). Are racial vilification laws supported by free speech arguments? Monash University Law Review. 44(1), pp. 71-111. https://doi.org/10.2139/ssrn.3382027
Airbnb and residential tenancy law : Do ‘home sharing’ arrangements constitute a licence or a lease?
Swannie, Bill. (2018). Airbnb and residential tenancy law : Do ‘home sharing’ arrangements constitute a licence or a lease? Adelaide Law Review. 39(2), pp. 231-247.