I too rise today in favour of the Justice Legislation Amendment (Anti-vilification and Social Cohesion) Bill 2024. This bill represents a significant step forward in our commitment to creating a safer and more inclusive Victoria, and it aims to expand and strengthen our anti-vilification laws, ensuring that all Victorians are better protected from the serious harms of vilification and hate conduct. I would also like to thank the other members from our side for their contributions – the member for Monbulk and the member for Narre Warren North for her excellent contribution there as well. I would also like to thank the former Attorney-General in the other place for the work that she undertook to get this bill to us before this place, and I would like to acknowledge the contribution made by the member for Box Hill last sitting week. He always makes a wonderful contribution when it comes to serious matters like this that are before the house.
The need for this bill is clear and urgent. The 2021 Victorian parliamentary inquiry into anti-vilification protections highlighted the pervasive and harmful impacts of vilification on many Victorians. The inquiry found that existing laws are ineffective and inaccessible, leaving many individuals and communities vulnerable to hate speech and conduct. Recent increases in reports of hate speech and conduct further underscore the necessity of these reforms. This bill will implement 15 of the legislative recommendations from the inquiry, addressing the gaps in our current laws and extending protections to more Victorians. It is a comprehensive responsive to the inquiry’s findings and a testament to our commitment to fostering social cohesion and protecting the rights of all individuals.
The Justice Legislation Amendment (Anti-vilification and Social Cohesion) Bill introduces several key reforms. It expands anti-vilification protections, and it extends the protections beyond race and religion to include disability, gender identity, sex, sex characteristics, sexual orientation and personal association with a person who has a protected attribute. This expansion is in line with recommendation 1 of the inquiry and aims to protect the individuals and communities most at risk of vilification. It also repeals the Racial and Religious Tolerance Act 2001 (RRTA), and the criminal anti-vilification offences will be moved to the Crimes Act 1958. Civil anti-vilification protections will be moved to the Equal Opportunity Act 2010.
This bill introduces two new serious vilification offences, an incitement offence and a threat offence. The incitement offence will apply to contact that is objectively likely to incite hatred, serious contempt, revulsion or severe ridicule based on a protected attribute. This offence is punishable by up to three years imprisonment. The threat offence applies to threats of physical harm or property damage based on a protected attribute, and this offence is punishable by up to five years imprisonment. Both offences capture intentional and reckless conduct and apply to both public and private conduct, including online conduct. The bill modifies the civil incitement-based protection and introduces a new harm-based protection, and these protections will continue to apply only to public conduct, including online conduct. The current civil exceptions have been retained, with minor amendments to balance charter rights and ensure legitimate activities are not against the law. This bill retains key features of the RRTA, including protections from racial and religious vilification. This bill makes a minor technical amendment to the Bail Act 1977 to ensure that bail decision-makers can remand a person charged with intentionally performing a Nazi gesture. We are proud to deliver on the government’s commitment to expanding and strengthening Victoria’s anti-vilification laws, and this bill will give effect to 15 recommendations. As the inquiry found, vilification is commonplace for many Victorians, and its harmful impacts are real and pervasive.
Recently we have seen an alarming increase in reports of hate speech and conduct. The member for Bayswater just brought up the hatred and vilification that was brought up during the period of the COVID-19 response. I was working for the member for Ashwood at the time, and I remember that it had been unleashed on the Chinese community in our district. We saw signs going up around the neighbourhood. We saw kids being spat on on buses. We saw them being vilified just because the federal Liberal government at the time decided to attack China and the Chinese government without any nuance at all, and unfortunately that unleashed this vilification of the community that I am so proud to represent now. That is why this bill is so important.
In line with recommendation 1 of the inquiry, anti-vilification laws will be expanded beyond race and religious belief or activity to also protect the attributes of disability, including mental illness, HIV or AIDS status; gender identity; sex; sexual orientation or personal associations with a person or group with a protected attribute. This bill only extends the attributes to the extent identified as necessary by the inquiry to protect the individuals and communities most at risk of vilification. The existing definitions under the Equal Opportunity Act 2010 apply to the expanded protected attributes.
Existing general statutory and common-law defences, such as self-defence, duress and defence of mental impairment, apply to the offences. This is consistent with the current law. The incitement offence includes a ‘genuine political purpose’ defence to ensure the anti-vilification laws protect individuals and groups from hatred and discrimination. These laws help to create safer, more inclusive environments by providing legal safeguards and encouraging social harmony. Some of the primary benefits include the prevention of hate crimes. Anti-vilification laws serve to prevent hate speech and actions that can escalate into violent crimes, protecting individuals from physical harm and emotional trauma. They also provide safety and dignity by criminalising offensive speech and actions that target individuals based on inherent characteristics. These laws promote the safety and dignity of those who might otherwise be subjected to harassment or violence.
It also is for the promotion of equality. Equal treatment, which these laws promote, will ensure that all people, regardless of sex, race, religion, gender identity or disability, have the right to be treated equally and with respect. They help to dismantle systemic discrimination by holding individuals and institutions accountable for harmful behaviour. It also combats discrimination by outlawing vilification. These laws aim to combat the social structures that support discriminatory practices, helping to level the playing field for marginalised groups in areas like employment, education and housing.
It also encourages social cohesion and inclusion, including fostering social harmony, as anti-vilification laws send a strong message that hate speech and discrimination are unacceptable, promoting a more inclusive and harmonious society. They create a social climate where diversity is valued and individuals feel empowered to contribute to society without fear of prejudice or exclusion. It also builds empathy by recognising and addressing the harms caused by vilification. These laws can help to foster greater understanding and empathy between people of different backgrounds and identities, improving community relations.
Many other members of this house have described the vilification they experienced as a young child or the fact that they have not really experienced things of that nature. I just remember back to when I was in primary school, and I remember having a little bit of an Irish accent. I remember going to these schools, and I must have picked up from my parents the thick west of Ireland Mayo and Roscommon brogue that they had. I remember being targeted by other kids in class because I spoke a little bit differently, and although you can laugh those sort of things off, that is the experience that people experience on a daily basis. That is what this bill is about. It is about ensuring that we foster social harmony and that we build empathy. I commend this bill to the house.
