Australia is a multicultural society. In most circumstances, people respect different backgrounds and cultural differences.

However, if you experience discrimination based on race, skin colour, nationality or cultural background, you should also know this:

You do not simply have to put up with it.

In Australia, the law protects individuals from racial discrimination and allows you to defend your rights within reasonable limits.

When faced with a similar situation, many people’s first reaction may be:

“If I put up with it, it will soon be over.”
“If I speak up, will I only create more trouble for myself?”

In fact, remaining silent is not necessarily the safest option. What matters is responding lawfully and effectively without escalating the conflict.

1. Is racial abuse on the street unlawful in Australia?

In many circumstances, it may be.

If a person makes insulting, abusive or hostile remarks in a public place based on another person’s race, nationality, skin colour or ethnic background, this may involve:

• racial discrimination;
• racial vilification;
• public-order offences.

For example:

• shouting “Go back to China” at another person;
• using derogatory terms aimed at a particular racial group;
• mocking another person’s accent, skin colour or cultural background;
• repeatedly harassing someone because of their race.

Such conduct is not merely “rude” or “a joke”. In some circumstances, it may cross a legal line.

2. How can you respond lawfully to racial discrimination?

Australian law does not require a victim to remain silent, nor does it require you simply to walk away politely when insulted.

You can state your position clearly, for example:

“What you’re saying is racist and unacceptable.”

“Stop harassing me.”

“You have no right to speak to me like that.”

“I’m recording this.”

The purpose of these responses is to:

identify the problem with the other person’s conduct and protect your rights without actively escalating the conflict.

3. Which forms of “fighting back” could put you at risk?

Although you have the right to protect yourself, your response must also remain within legal limits.

The following conduct may create legal risks:

• threatening the other person’s physical safety;
• responding with the same type of racial abuse;
• suggesting or encouraging violence;
• escalating a verbal dispute into a physical confrontation.

Put simply:

You may be firm and you may be angry, but do not allow yourself to go from being the victim to the person breaking the law.

4. Can you defend yourself if the other person approaches or pushes you?

In Australia, reasonable self-defence may be protected by law.

However, several conditions will generally need to be met:

First, you reasonably believe that you face a real danger;

second, the other person’s conduct already amounts to an actual physical threat;

third, your response is necessary and not excessive.

For example:

The following may fall within reasonable limits:

• pushing the other person away to maintain distance;
• blocking a hand extended towards you;
• leaving the area of danger;
• taking steps to protect your safety.

The following circumstances, however, carry greater risks:

• the other person only abuses you verbally, but you strike first;
• the other person has stopped, but you continue attacking them;
• you cause harm for the purpose of retaliation.

The purpose of self-defence is to protect yourself, not to punish the other person.

5. Safer and more effective ways to deal with racial discrimination

If you encounter a similar situation, consider the following steps:

1. State your objection clearly

Do not become drawn into a prolonged argument. You can state simply and clearly:

“Your conduct is unacceptable.”

This lets the other person know that you recognise the problem.

2. Preserve evidence

Evidence is very important in Australia.

You may consider:

• recording video or audio;
• saving text messages and social media records;
• recording the time, location and details of any witnesses.

Rules about audio and video recording may differ between states, so it is best to act according to the particular circumstances.

3. Seek help when necessary

If the matter involves:

• threats to your physical safety;
• stalking or harassment;
• physical assault;

you may report it to the police.

You may also lodge a complaint with the Australian Human Rights Commission or a state-level anti-discrimination body.