Analysis
According to McGlade, a number of academic commentators have expressed concern about the ruling, in particular that the protections offered under s18c were being undermined by a broad interpretation of the s18d exemption. McGlade has argued that "It is extremely difficult to reconcile the serious finding of breach under section18C with the subsequent finding of reasonableness under section 18D." and that "obviously the adverse findings made of the Commission could have been relied upon to defeat the respondent's claim to have acted reasonably and in good faith. It appears that the complainants were placed under an impossible burden of proving explicit motive and intent.... roper remedies are being denied by the responsible bodies." A similar point is made by Anna Chapman, who argues that "the result of the case was a reification of dominant racial values... in prioritising non-indigenous racial narratives over Indigenous perspectives."
Read more about this topic: Alas Poor Yagan
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