(1) In this
"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—
publication of a fair report of the act of another person; or
publication of material in circumstances in which the publication would be
subject to a defence of absolute privilege in proceedings for defamation; or
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);
injury, damage or loss; or
distress in the nature of intimidation, harassment or humiliation;
"public act" means—
form of communication with the public; or
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
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—
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
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 .