South Australian Current Acts

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73—Racial victimisation

        (1)         In this section—

"act of racial victimisation" means a public act inciting hatred, serious contempt or severe ridicule of a person or group of persons on the ground of their race but does not include—

            (a)         publication of a fair report of the act of another person; or

            (b)         publication of material in circumstances in which the publication would be subject to a defence of absolute privilege in proceedings for defamation; or

            (c)         a reasonable act, done in good faith, for academic, artistic, scientific or research purposes or for other purposes in the public interest (including reasonable public discussion, debate or expositions);

"detriment" means—

            (a)         injury, damage or loss; or

            (b)         distress in the nature of intimidation, harassment or humiliation;

"public act" means—

            (a)         any form of communication with the public; or

            (b)         conduct in a public place;

"race" of a person means the nationality, country of origin, colour or ethnic origin of the person or of another person with whom the person resides or associates.

        (2)         An act of racial victimisation that results in detriment is actionable as a tort by the person who suffers the detriment.

        (3)         In an action for damages for racial victimisation, damages may be awarded to compensate any form of detriment.

        (4)         The total amount of the damages that may be awarded for the same act or series of acts cannot exceed $40 000.

        (5)         In applying the limit fixed by subsection (4), the court must take into account damages awarded by a court in criminal proceedings on convicting the defendant, in respect of the same act or series of acts, of the offence or a series of offences of racial vilification 1 .

        (6)         Before a court awards damages for an act of racial victimisation, the court must—

            (a)         take reasonable steps to ensure that all persons who may have been harmed by the act are given a reasonable opportunity to claim damages in the proceedings; or

            (b)         take other action that appears reasonable and necessary in the circumstances to protect the interests of possible claimants who are not before the court.


1         See section 6 of the Racial Vilification Act 1996 .

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