A film of the woman’s tirade, captured by another train passenger and posted on YouTube, shows her reportedly harassing children and making racist remarks at an Asian woman.
The woman was travelling on the Central Coast and Newcastle line in New South Wales when she reportedly started yelling at children for not giving up their seats on a busy carriage during school holidays.
She has since been charged by NSW Police.
President of the Australian Human Rights Commission, Gillian Triggs, said it was “very unlikely” that the woman would have been charged under proposed changes to the Racial Discrimination Act.
Professor Triggs said the changes proposed by Attorney-General George Brandis, including the removal of the words insult, offend and humiliate from section 18C, would make it hard for such cases to fall under the Act.
“If the law were to be adopted as in the proposed changes by the Attorney-General, I think it’s very unlikely that you would get a prosecution,” she said.
“The reason for that is the words offend, insult and humiliate have been taken out… Under the current law, you would successfully get a civil prosecution. Under the proposed law, you very probably almost certainly, would not.”
Professor Triggs said the recent incident and the public’s response showed the increasing concern Australians had over the extent to which people can “lose it” in a public arena and then racially abuse others.
“That is precisely what Section 18C of the Racial Discrimination Act is addressing,” she said.
Apology issued
The woman has since apologised for the rant.
The 55-year-old told Ninemsn she had been caught out on a “rotten day”.
“It's awful what I said to that woman, I do agree,” she said.
“There's no excuse to rant at people like that. It’s awful and I wouldn't wish it on my worst enemy, regardless of any race.”
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