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Ash and Tai’s story

Ash and Tai’s guardian describes how the two teens were targeted by security because they are Aboriginal. We explain how the Equal Opportunity Act relates to their situation, and how the Commission can help people who have a similar experience.

"As we were leaving, the security guard deliberately singled Ash and Tai out for a bag search. He wasn’t stopping anyone else, and I just knew that the only reason he stopped them was because they’re Aboriginal."

“Ash and Tai are such great kids – respectful, friendly, enthusiastic – that I’m always taken aback when I see someone treat them unfairly because of the colour of their skin. As their guardian, I can’t let that kind of thing go unchallenged. There was an incident during the last school holidays – we visited a big sports store in the town to get some equipment before they started back at school.

As we were leaving, the security guard deliberately singled Ash and Tai out for a bag search. He wasn’t stopping anyone else, and I just knew that the only reason he stopped them was because they’re Aboriginal. I hate to think about them having to go through that when they’re just trying to live their lives as happy teenagers.

I asked the speak to the store manager and told him what I had observed. He was very professional and happy to talk to me about it, but said that without CCTV footage, there was nothing he could do.

I followed up with the Commission and they helped me understand how the law relates to racial discrimination. The store manager agreed to attend a conciliation session, and we were able to reach an agreement. He agreed to pay Ash and Tai some compensation and provide a written apology. He also agreed to run cultural awareness training for staff to help them recognise any bias they might have. I think it’s a good outcome.”

The incidents portrayed in this story are inspired by real complaints received by the Commission, but all names and other identifying details have been changed.

How does the law apply to Ash and Tai’s situation?

In Victoria, it’s against the law for you to be discriminated against, harassed or bullied because of your race.

Under the Equal Opportunity Act, race includes colour, descent or ancestry, nationality or ethnic background, or any characteristics people might associate with a particular race. The Act applies to many different parts of public life, including accommodation, provision of goods and services, and employment.

You can make a complaint

Get help from us.

You can make a complaint to us if you think you have experienced:

If you wish, someone else can make a complaint for you. Find out how we help people resolve complaints.

We can also give you information about your rights.

Victoria’s Charter of Human Rights and Responsibilities also protects the distinct cultural rights of First Nations peoples. This means public authorities must not deny First Nations peoples the right to enjoy their identity and culture, use their language or maintain their distinctive spiritual, material and economic relationship with Victoria’s land and waters.

More information

You might also be interested in

First Nations rights

First Nations people have cultural rights under the Charter of Human Rights and Responsibilities.

Read more here

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Address
Level 3, 204 Lygon Street Carlton Victoria 3053

General enquiries
enquiries@veohrc.vic.gov.au

Reception
1300 891 848

Enquiry line
1300 292 153 or (03) 9032 3583

Interpreters
1300 152 494

NRS Voice Relay
1300 555 727 then use 1300 292 153

Media enquiries
0447 526 642

The Victorian Equal Opportunity and Human Rights Commission acknowledges that we work on the traditional lands of the Wurundjeri people of the Kulin Nation. We also work remotely and serve communities on the lands of other Traditional Custodians.

We pay our respects to their Elders past and present.