Racial Discrimination Breach

[aussiblue]

Moderators please read the thread http://www.fordforums.com.au/showthr...10#post1324310 "Going to Perth" and note your risk of vicarious liability under the racial discrimination Act 1975 at http://www.austlii.edu.au/au/legis/c...ct/rda1975202/

[MightyXR6Turbo]

Just to add a comment here, I had a read of the link here that you posted, and it says the following:

RACIAL DISCRIMINATION ACT 1975 - SECT 18A
Vicarious liability

(1)
Subject to subsection (2), if:

(a)
an employee or agent of a person does an act in connection with his or her duties as an employee or agent; and
(b)
the act would be unlawful under this Part if it were done by that person;
this Act applies in relation to that person as if that person had also done the act.

(2)
Subsection (1) does not apply to an act done by an employee or agent of a person if it is established that the person took all reasonable steps to prevent the employee or agent from doing the act.

So going from my understanding of Vicarious Liability, the person has to be an employee/agent/representative of an organisation for the organisation to come under scrutiny. Yes the posts are racist, but the forum cant be held under that as the views of those are not the views of the forum as they are from individuals with no link or structured association to them.

[b2tf]

Read the site T&C.

[aussiblue]

I think you need to read Chapter 2 of the Criminal Code to understand the element of vicarious liability that may attach to this offence.

eg things like

12.4 Negligence

(1) The test of negligence for a body corporate is that set out in section 5.5.

(2) If:

(a) negligence is a fault element in relation to a physical element of an offence; and

(b) no individual employee, agent or officer of the body corporate has that fault element;

that fault element may exist on the part of the body corporate if the body corporate's conduct is negligent when viewed as a whole (that is, by aggregating the conduct of any number of its employees, agents or officers).

(3) Negligence may be evidenced by the fact that the prohibited conduct was substantially attributable to:

(a) inadequate corporate management, control or supervision of the conduct of one or more of its employees, agents or officers; or

(b) failure to provide adequate systems for conveying relevant information to relevant persons in the body corporate.

[aussiblue]

Good T&C's and if promptly and consistently acted on should protect you. Emphasising I am not a lawyer so this is not expert comment.

[GasoLane]

Racial discrimination?

Does this mean that certain Ute owners can no longer call me a Pommy Bastard?

[b2tf]

Originally Posted by GasOLane

Racial discrimination?

Does this mean that certain Ute owners can no longer call me a Pommy Bastard?

no. :