posted on 2019-10-29, 08:22authored byAnna Chapman
This article examines the adjudication of complaints of racial hatred brought by Indigenous applicants under the Racial Discrimination Act. The objective is to analyse how the legislative rules are interpreted and applied through the processes of adjudicative decision-making. The article focuses on ways in which the concept of reasonableness in the legislation is interpreted by adjudicators, in addition to some aspects of the broader processes and practices of adjudication. It is argued that the law in practice in these cases is problematic, in several interrelated respects.
History
Publication Date
2004
Volume
30
Issue
1
Type
Article
Pages
27–48
AGLC Citation
Anna Chapman, ‘Australian Racial Hatred Law: Some Comments on Reasonableness and Adjudicative Method in Complaints Brought by Indigenous People' (2004) 30(1) Monash University Law Review 26