The Forum > Article Comments > Anti-immigration backlash roils ties between Australia and India - part I > Comments
Anti-immigration backlash roils ties between Australia and India - part I : Comments
By Robin Jeffrey, published 9/3/2010Despite being a nation built by immigrants, Australia faces fresh challenges in dealing with new arrivals, particularly from India.
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McGlade v Lightfoot:
http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2002/752.html
Toben v Jones:
http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2002/1150.html
Silberberg v Builders Collective:
http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2007/1512.html
Jay has put his speech out there and the inferences I've drawn are fairly reasonable. Thats the consequences of publishing speech - others are allowed to draw reasonable inferences from them. In this instance I think that on balance that Jay's comments go beyond a point that the law allows. The courts have made similar inferences in Silberberg and McGlade.
You'll note that the RDA is a civil liability scheme - not a criminal statute - so there's no question of 'jail time' (?!). I'm not suggesting that the debate on immigration should be shut down, rather that a post calling for a "final solution to the black problem" should be removed.
These are the laws of Australia and nobody is so special that they should be allowed to flout them. ... Lawyer Pride Worldwide!! ;-)