At the Commonwealth level, anti-vilification clauses were pulled
from the 1974 Racial Discrimination Act (RDA), following
Coalition opposition in the Senate. When legislation was revived
in the 1990s, opposition from Coalition and Green senators,
again on freedom of speech grounds, saw criminal provisions
removed. In the end the Racial Hatred Act 1995 set up a civil
rights-based complaints driven system, making unlawful,
"otherwise than in private", acts "reasonably likely, in all the
circumstances, to offend, insult or intimidate another person or
group of people", if done "because of" their "race, colour or
national or ethnic origin" — with exemptions for actions done
"reasonably and in good faith", artistic, scientific, etc.
works, "fair comment" on matters of public interest. Complaints
under the RDA are handled by the Human Rights and Equal
Opportunity Commission (HREOC), through a process involving
confidential conciliation, adjudication, and as a last resort
the court system. McNamara presents statisti