Media statement — 10 August 2010

The Anti-Discrimination Act 1991 (the Act) prohibits public acts of racial, religious, sexuality or gender identity hatred.

Racial, religious, sexuality or gender identity vilification occurs if a person, by a public act, incites hatred towards a person or group of people on the grounds of their race, religion, sexuality or gender identity.

Public acts can include any form of communication to the public including by speaking, writing, printing, displaying notices, broadcasting, telecasting, screening or playing of tapes or other recorded material, or by electronic means.

A public act can also be any conduct that is observable by the public, including actions, gestures and the wearing or display of clothing, signs, flags, emblems or insignia.

Neroli Holmes said "People who make public statements need to be aware of their responsibilities under the Anti-Discrimination Act 1991 which prohibits racial, religious sexuality and gender identity vilification."

If a person believes they have been vilified on the basis of their race, religion, sexuality or gender identity they have a right to make a complaint to the Anti-Discrimination Commission Queensland.

The Anti-Discrimination Commission Queensland can accept complaints from individuals or from organisations that act on behalf of, or for the benefit of, a certain group of people.

Should a complaint be lodged with the Commission it would be assessed to see if it falls within the Act and, should it be accepted, the Commission can require all parties to attend a conciliation conference.

If a complaint is not resolved through the conciliation process, it may be referred to the Queensland Civil and Administrative Tribunal for a decision.

More serious racial, religious, sexuality or gender identity vilification involving threats of physical harm to people or property may lead to a criminal prosecution resulting in 6 months of imprisonment and financial penalties for individuals or organisations.

Media contact: Acting Commissioner Neroli Holmes on 07 3247 0920 | TTY 1300 130 680

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