Racial Vilification Act 1996

A court by which a person is convicted of an offence against this Act may award damages (including punitive damages) against the defendant.

Damages may be awarded under subsection (1)—

if the offence was directed at a specific person—in favour of that person; or

if the offence was directed at the members of a particular racial group—in favour of an organisation formed to further the interests of the relevant group.

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

In applying the limit fixed by subsection (3), the court must take into account damages awarded in civil proceedings for the tort of racial victimisation1 in respect of the same act or series of acts.

Before a court awards damages under this section, the court must—

take reasonable steps to ensure that all persons who may have been harmed by the defendant's conduct are given a reasonable opportunity to claim damages in the proceedings; or

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