For business owners, this law is most practical in two places: staff conduct and customer access. If a worker, manager, contractor, security guard, moderator or franchisee treats someone differently because of race, colour, descent, national origin or ethnic origin, the issue can become a legal complaint quickly.
Main laws
Commonwealth Act
Racial Discrimination Act 1975 (Cth)
The Racial Discrimination Act affects employment, customer access, services, complaints and racial conduct in business settings.
In forceCommonwealthPlain-English guide4 practical checks
Plain-English explainers, not legal advice. Check the linked official source before you rely on a specific section, and get advice for your situation.
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Quick read
- Racial discrimination risk often starts as a staff comment, customer refusal, security decision, moderation call or complaint that is handled badly.
- Small businesses need clear conduct standards and escalation steps before a problem becomes a formal complaint.
Likely relevant if
- Employers managing diverse teams, hiring decisions and workplace complaints
- Retail, hospitality, venue, health, beauty, education and professional service businesses serving customers
- Platforms, agencies and franchisors setting conduct rules for workers or users
Check first
- Avoid racial discrimination in employment, goods and services, access, accommodation and other covered settings.
- Train staff on racial harassment, refusal of service, security escalation and complaint handling.
- Respond to racial discrimination complaints promptly and without victimisation.
Start here
Key points
- Set clear workplace and customer-service conduct rules.
- Train managers to recognise racial complaints even when the language is informal.
- Keep security, refusal-of-service and moderation decisions evidence-based.
- Escalate serious public comments, reviews or social posts before responding.
Complaint response
Practical sense check
- Take the complaint seriously even if it arrives informally.
- Preserve messages, rosters, CCTV, booking records or customer notes that may matter.
- Separate fact-finding from retaliation, gossip or pressure on the complainant.
- Review whether staff training, scripts, franchise rules or platform settings contributed to the problem.
- Get advice before making public statements about contested racial conduct.
Plain-English glossary
- Racial discrimination
- Unlawful treatment connected with race, colour, descent or national or ethnic origin, depending on the provision and facts.
- Vicarious liability
- A pathway that can make a business responsible for conduct by workers or agents unless the legal defence is available.
- Racial hatred provisions
- Rules dealing with offensive behaviour because of race, colour or national or ethnic origin, subject to exemptions.
Common questions
Does this cover customer service?
Yes. The Act covers areas that matter to businesses, including employment, access to places and facilities, accommodation and the provision of goods and services.
Can a business be exposed for staff conduct?
Potentially. The Act includes vicarious liability concepts, so businesses should train staff and respond properly when racial conduct is reported.
Is racial hatred separate from ordinary discrimination?
The Act includes a separate part on offensive behaviour because of race, colour or national or ethnic origin, with exemptions. Businesses should get advice before making public-content decisions in this area.