In practice such a service would be racially discriminatory because access to and effective use of it would be denied to a significantly higher proportion of Indigenous Australians. This is indirect discrimination. Some services which fit this description can nonetheless be justified because it would be unreasonable to require them to cater to the needs of Indigenous and non-Indigenous clients alike. Factors relevant to deciding reasonableness can include remoteness, cost, the extent of the need for the service and detriment caused by lack of effective access. This justification is not available for core government services, however.
Governments have a duty to ensure that basic services are provided on a basis of equality to all.
Substantive equality will require that particular needs and disadvantages are taken into account. A clear example is the need to provide an interpreter when a non-English speaking person requires medical assistance. Cultural and language differences, remoteness, unique histories and particular emotional needs mean that equality in the provision of services to Indigenous people will frequently require distinctive approaches. In other cases, a specialist service will be required. Necessary specialist services should not be confused with discriminatory services.