Protecting victims not punishing perpetrators : Clarifying the purpose of s 18C of the Racial Discrimination Act

Section 18C of the Racial Discrimination Act 1975 (Cth) makes certain conduct ‘unlawful’, and it allows an ‘aggrieved’ person to make a complaint, and potentially obtain remedies, in respect of that conduct. This article argues that s 18C establishes a civil means of redress that seeks to protect individuals and groups from the harms of racial vilification. This primary purpose for which s 18C was enacted is evident from the terms of the section, from parliamentary debate on the provisions, and various reports referred to in that debate. Several other purposes were also mentioned in parliamentary debate, such as Parliament’s desire to promote social harmony and tolerance, and to eliminate racial hatred or prejudice. However, these broader social goals were not Parliament’s primary goal in enacting s 18C. Indeed, overemphasising these considerations has contributed to confusion surrounding s 18C and its proper interpretation.