Implementing Racial Anti-vilification Laws in New South Wales 1989-1998: A Study

Anti-vilification laws in Australia now have a decade-long history, yet remarkably little research has been conducted into their operation, nor has there been any systematic collation of outcomes. This paper seeks to fill this gap in the available research and also to make some proposals as to how to improve the legislation in practice. The paper reports on 10 years of complaints lodged under the NSW racial anti-vilification legislation, the oldest in Australia enacted in 1989. Other similar legislation followed in WA, SA, Tasmania. The results of all finalised case files from NSW since its inception in 1989 to the end of 1998 (568 cases) are examined. The research combines quantitative and qualitative methodologies. Some statistical data are provided, which are not relative; that is, there is no meaning available or implied between the different categories of outcome and each case has been interpreted separately. The qualitative method used provides an in-depth examination of specific case study outcomes in order to provide an accurate and sensitivepicture of the legislation in practice. The study may also be of use to researchers in other complaints-driven systems of regulation designed to support beneficial legislation.