Beefed-up hate laws won’t touch religious free pass
Callum Godde |
Religious exceptions to anti-vilification laws will be guaranteed as protected groups are expanded and criminal offences created to stamp out deepening hate and division.
Flanked by religious, community and equality leaders, Victoria’s Premier Jacinta Allan and Attorney-General Jaclyn Symes confirmed changes to anti-vilification and social cohesion laws on Tuesday.
Ms Allan said the legislation would crack down on people who try to whip up hatred against others and make it easier for police to lay charges.
“It will keep us safe from vilification and hate in public, on our streets, in our workplaces, in our parks and the corridors of universities,” she told reporters at state parliament.
“It will also help keep us united against that American-style division that is starting to creep more and more into our community.”
Victorians are protected from vilification based on their race or religion under the Racial and Religious Tolerance Act but not covered for other reasons.
The bill, introduced to parliament on Tuesday, will extend those protections to disability, gender identity, sex and sexual orientation.
People associated with someone with a protected attribute, such as the parent of a disabled child, will be granted the same protections.
Two new criminal offences will be placed in the Crimes Act, making it easier to prove serious vilification in public, private or online.
The offences cover inciting hatred, serious contempt, revulsion or severe ridicule against another person or group based on a protected attribute, as well as threatening physical harm or property damage for the same reason.
Maximum penalties include five years in prison for those convicted on the threat charge and three years for the incitement offence, although the latter comes with a new “political expression” defence.
Current exceptions for genuine religious, academic, artistic, public interest or scientific reasons remain, but Ms Symes warned religion could not be used as a “cloak for unabated abuse”.
She and her office had discussions with Catholic Archbishop Peter Comensoli and the Australian Christian Lobby over concerns religious exceptions would be altered.
Ms Symes said she would give a speech to parliament on Wednesday to assure “reasonably conveying a belief and proselytising” fall within the existing religious exception.
Under the bill, police will no longer be required to ask for permission from the Director of Public Prosecutions to charge someone over the age of 18 with serious vilification.
Existing civil protections will be strengthened to provide more options for people to seek remedy and resolution if harmed by vilification.
Ms Symes said all suggested changes from a department overview paper were adopted and the bill was the result of 18 months of listening to the concerns of Muslim, Jewish and LGBTIQ people.
A 39-year-old Brunswick East man was arrested on Monday night after police separated pro-Israel and pro-Palestine groups outside a synagogue in the southeast Melbourne suburb of Caulfield North.
A small number of pro-Palestine activists turned up to protest a talk organised by the Australia/Israel and Jewish Affairs Council that included former Israeli justice minister Ayelet Shaked, whose visa into Australia was reportedly rejected.
There has been a series of incidents involving neo-Nazis across Victoria in recent years.
Rabbi Gabi Kaltmann said people on the streets of Melbourne’s CBD and across Victoria felt emboldened to target minority groups lately.
“Today the Allan government says enough is enough,” he said.
Shadow Attorney-General Michael O’Brien said the coalition was yet to finalise its position and would consult widely with Victorians once the full bill became available.
If it passes parliament, the criminal law changes are expected to come into effect about six months later but the civil reforms will take longer to roll out.
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