HUMAN RIGHTS - discrimination - racial discrimination - direct discrimination - s 9(1) of the Racial Discrimination Act 1975 (Cth) - police investigation of Aboriginal death in police custody - interactions between police officers and Aboriginal community following death - protests against police by some members of Aboriginal community - fires destroying police station and other public property - declaration of emergency situation under s 5 of the Public Safety Preservation Act 1986 (Qld) - entries and searches of homes by officers of Special Emergency Response Team - arrests of persons identified as suspects in relation to protests and fires - rights to equality before the law and equal protection of the law - right to equal treatment before organs administering justice - right to access public services - right to enjoyment of property without unlawful interference - right not to be subjected to unlawful interference with privacy, family or home - right to liberty and security of person - right not to be subjected to inhuman or degrading treatment - International Convention on the Elimination of All Forms of Racial Discrimination - International Covenant on Civil and Political Rights
PRACTICE AND PROCEDURE - representative proceeding - racial discrimination - group comprising Indigenous community on Palm Island - subgroup comprising persons affected by arrests, entries and searches by officers of Special Emergency Response Team
STATUTORY INTERPRETATION - relationship between Australian statutes and international instruments - relationship between Racial Discrimination Act 1975 (Cth) and International Convention on the Elimination of All Forms of Racial Discrimination - consequences for interpretation of Racial Discrimination Act 1975 (Cth) - materials that may inform interpretation
STATUTORY INTERPRETATION - word and phrases - "act involving a distinction, exclusion, restriction or preference based on race" - "involving" - "distinction" - "based on race"
DAMAGES - orders under s 46PO(4) of the Australian Human Rights Commission Act 1986 (Cth) - appropriate basis for and quantum of damages for racial discrimination - whether aggravated damages available - whether exemplary damages available - whether appropriate to order an apology
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