The Racial Discrimination Act does NOT have provisions for the HRC to prosecute persons in court. It is supposed to find a mutually acceptable solution to all parties, and which in hundreds and thousands of complaints it does exactly that .
The Queensland students were sued privately in a Civil case, that option as always open to everyone .
For a case to be deemed vexatious , by definition, requires it to be heard in a Court Of Law , the HRC is not a Court of Law, and cannot prevent a civil case going to Court.
As a lawyer friend of mine told me many years ago , when you go to court at best you have a fifty per cent chance of winning and a fifty per cent chance of receiving compensation and a fifty per cent chance of having the loosing party pay your legal costs. In the last instance the loosing party going broke, and therefore not paying up is high , in which case guess who has to pay the costs ?
Bolt was also successfully sued in a Civil Court , he was, in my view , extremely lucky he was not sued for defamation in NSW , where even truth is not a defence in defamation. And by the way he was found to have seriously defamed those who took him to Court.
I agree that the right to free speech is important , equally important is for sections of the community not to be vilified on the basis of race, colour or religion. The case of Bill Leek is important for reasons I previously outlined . There is also a difference between being offended and being vilified or defamed and sometimes it is a fine line.