Haymarket being a street where a number of Chinese restaurants are established, it is the right place where the festival can be celebrated. Coming to the celebration agenda, there must be impressive events that entertain people. Lion dance is one of the important events among Chinese and members of that race alone can perform it with the required skill and style. When advertising for recruiting people for this purpose, the organizer naturally goes for artists who belong to Chinese race who can perform that event with authenticity.
The question is whether it would amount to racial discrimination in determining who should be offered employment (Anti-Discrimination Act, Sec 8-b, 1977). This will not form discrimination, since participation in a dramatic performance or other entertainment in a capacity for which a person of a particular race is required for reasons of authenticity, is protected from the act of discrimination. (Anti-Discrimination Act, Sec 14-a,1977). Moreover, discrimination is an act to be termed as such only when something unfavorable is done, like victimization on the ground of race.
Offering employment opportunity to one will not be discrimination. In view of the above argument, the organizer can safely advertise calling for Chinese artists to perform the Lion Dance. Then a question arises, will it not discriminate an American or an Australian depriving him or her of this employment opportunity? Assuming there is a well talented member of any race other than Chinese who would perform Lion Dance as much as a Chinese artist does, will it not amount to racial discrimination?
Although the term ‘authenticity’ under Section 14 will come for help when the organizer advertises for Chinese alone for this job, it is safer to add a proviso in the advertisement implying that if any member of other races or communities who can perform lion dance with authenticity then he or she may also apply for the position. When recruitment stage comes, it must be done purely on merit. Just in case a member of other race had applied for the position and that member proves his or her competence with authenticity, then that member is to be employed. 2. Offensive behavior on racial grounds
It is a rugby league match. Brazilian team is participating in the match and one of the spectators hear loud comments of the security guards that Brazilians are cheats and would always cause trouble. This happens to be a hurtful remark and the member of Brazilian race warns the organizer of the match that he would go to Human Rights and Equal Opportunity Commission. In my opinion, the organizer is under liability. It is true that the change room is a private place and an offensive behavior is termed as such only when it is done otherwise than in a private place.
(Racial Discrimination Act , Sec 18C-(1) 1975). However, if the guards had commented so loudly that a spectator could hear, and when a spectator has right to enter the change room to visit a player to greet, congratulate or criticize, unless specifically prohibited, then the change room also becomes a public place. The facts of the case will establish whether the organizers had made the change room a purely private area prohibiting entry for public, in which case there is a chance of courts viewing this incident as non- offensive behavior.
Coming to the second issue, the security guards being the employees of the organizer of the match, whether or not the later carries a vicarious liability for the offence, the logic need to be applied whether the comments made by the security guards are in the discharge of their duty as an employee. Apparently it is not. However, Courts have observed in the Case of a Charitable Trust that Vicarious liability arises where the wrongful action or omission is not primarily attributable to the charity or its trustees themselves personally but the law nevertheless holds them liable for the misconduct of those whom they control.
’(Charity Commission,The Regulators for Charities in England and Wales, 24-03-2009) It is therefore necessary for the organizers to establish that they had taken sufficient care to warn their employees not to offend any other members during the work engagement they have been involved with. In such a case, the organizer will be saved from the vicarious liability. ( Racial Discrimination Act, 18E(2) ,1975). 3. Recording Studio in Randwick Zone 3B regulations clarify that certain development activities do not require consent. Some others are prohibited. Recording studio does not come under either of these categories.
(Subsections 2,3 & 4 of Zone No 3B regulations) Therefore one must obtain consent from the Department of planning. Likewise, prior consent has to be obtained by making an application in the prescribed form to the Randwick City Council, and by paying the prescribed fee of $160. The application is self explanatory with the conditions under which the A-Frame advertising sign can be placed. These conditions are in terms of its size, area occupied in the foot path, the space to be left in the foot path, etc. The application also requires a Public Liability and Insurance undertaking, with details of the Insurance taken.
So, insurance is a pre-requisite. Completing the form is a simple process, with the applicant’s details and the A-frame details. 4. Tropfest 2010 The event Tropfest 2010 has in it an activity of selling alcohol. So, the Office of the Liquor Gaming and Racing has asked us to submit a Community Impact Statement. The draft CIS is given below: We are glad to present the Community Impact Statement in connection with our application for Liquor and Gaming License to be used in our prestigious event Tropfest2010 to be organized in the domain of the City of Sydney.
This event, besides various educational events, is going to be one hosting a number of entertainment related performances. Since the event is open for public, although with carefully drafted admission requirements, we have included in the event premises, functioning of a Bar room and a restaurant, which require the License applied for. We, the organizers of the event, are well known to the local community since we have conducted this event for the past few years and have maintained good decorum and peace during the period of our events.
We are proud to state that there had been no adverse reports to the Police or Local body during our previous events. In fact, we carry good testimony and words of appreciation from the local public for our wonderful contribution to the society and the local community. We had four sittings with the members of the local community, the officers of the local police station and the local trading community in our organizational meetings held on various days during the past few weeks. Every member of the community had applauded our efforts and they consider this event as a welcome change for the local people from their routines and monotony.
We, on our part, Sirs, are sure that we will be able to maintain our record of discipline and decorum, when conducting this event, particularly not to cause any traffic congestion, disturbance to normal living of the local residents around in the form of performances with loud noise, avoiding disposal of wastes and effluences that would cause hindrance to hygienic living atmosphere and wrongful guidance to the children of the locality by attracting them to participate in the events prohibited for those under the age of 18.
We will therefore be thankful to the Authorities to grant the license applied for. BIBLIOGRAPHY 1. Commonwealth Consolidated Acts, 24-03-2009 (http://www. austlii. edu. au/au/legis/cth/consol_act/rda1975202/s18e. html) 2. Charity Commission,The Regulators for Charities in England and Wales, 24-03-2009 (http://www. charity-commission. gov. uk/supportingcharities/vicarious. asp#2 3.
New South Wales Consolidated Acts, 24-03-2009 (http://www. austlii. edu. au/au/legis/nsw/consol_act/aa1977204/s14. html) 4. Randwick City Council, 24-03-2009 (<http://www. randwick. nsw. gov. au/Places_for_people/Building_and_development/Planning_strategies_and_controls/index. aspx>) 5. Social Profile Report, Randwick LGA, February 2009,( 24-03-2009) http://www. olgr. nsw. gov. au/pdfs/1_Social_Profile_Randwick. pdf