# Can I take legal action for something that happened just before the new anti-discrimination laws started?

- Jurisdiction: Australia
- Practice area: Employment Law
- Published: 2026-11-06
- Last updated: 2026-11-06
- Canonical: https://lawasked.com/au/employment-law/can-i-take-legal-action-something-happened-just

## Question

I am writing to seek some clarity regarding a situation that occurred at my workplace in Melbourne, Victoria. Back in early 1975, specifically around February, my supervisor at the local manufacturing plant made several incredibly offensive and derogatory remarks about my ethnic background during a staff meeting. This happened right as I was being told that my recent labour contributions wouldn't be reflected in my next pay cheque. I felt deeply humiliated in front of my twenty colleagues. Since then, I have tried to resolve this internally by lodging a formal grievance with the human resources department and speaking directly to the general manager, but they both dismissed my concerns, claiming that nothing could be done about comments made months ago. I am now hearing that new laws regarding racial discrimination have just been officially signed into effect by the Governor-General. My main concern is whether I can actually pursue a claim for the treatment I suffered in February, or if the new protections only apply to incidents that happen after the official start date of the new rules. I need to know if the timing of when these laws officially begin to operate affects my ability to seek justice for what happened earlier this year.

## Summary

It depends on when the new laws officially start operating. If the laws are already in effect, you may be able to claim that the offensive remarks made in February were unlawful racial discrimination.

## Analysis

Whether you can pursue a claim for the derogatory remarks made by your supervisor in February 1975 depends on the timing of the law's commencement. Under the Racial Discrimination Act 1975, the law's power to protect you depends on when specific parts of the Act officially begin to operate. 

Section 2 of the Act states that "Sections 1, 2 and 7 shall come into operation on the day on which this Act receives the Royal Assent" [1]. This means those specific sections start working the moment the Governor-General signs the Act. However, the Act also says "The remaining provisions of this Act shall come into operation on a day to be fixed by Proclamation" [1]. A proclamation is an official public announcement that sets a specific date for a law to start. 

If the 'remaining provisions'—which include the rules about what counts as unlawful discrimination—have not yet been activated by a proclamation, you might not be able to use them to address the February incident. If the provisions are already active, you may have a claim because Section 9 states it is "unlawful for a person to do any act involving a distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin" [2]. This means the law prohibits treating someone differently or unfairly because of their background. 

Because your supervisor's remarks were based on your ethnic background, they could fall under this definition of unlawful discrimination if the law was active at the time of the incident or if the law allows for retrospective application (though the provided text does not explicitly confirm retrospective rights). Since the provided sections do not clarify if the law applies to past conduct, the outcome is uncertain.

## Statutory citations

- Racial Discrimination Act 1975, Section 2 - Commencement [in force] (https://www.legislation.gov.au/C2004A00274/latest/text)
  > Sections 1, 2 and 7 shall come into operation on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act shall come into operation on a day to be fixed by Proclamation
- Racial Discrimination Act 1975, Section 9 - Racial discrimination to be unlawful [in force] (https://www.legislation.gov.au/C2004A00274/latest/text)
  > It is unlawful for a person to do any act involving a distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin

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