Victoria’s Allen Government has revealed details of new legislation that would redefine the state’s anti-vilification laws.
The proposed Justice Legislation Amendment (Anti-vilification and Social Cohesion) Bill will expand protections to include gender identity, sex, sexuality and disability, further to already enshrined protections for racial and religion vilification.
“It will keep us safe from vilification and hate in public,” Premier Jacinta Allen said of the bill.
“On our streets, in our workplaces, in the corridors of universities – everywhere we go to participate in this great community of Victoria as equals.”
Victoria’s Commissioner for LGBTIQA+ Communities, Joe Ball, is among many advocates welcoming the bill, saying safe and respectful societies were built through mutual understanding.
“Everyone in our LGBTIQA+ communities deserves to live free from hate and violence,” Ball said.
“This legislation isn’t about restricting freedom of speech – it’s about ensuring freedom from violence and hate.”
CEO of Gender Equity Victoria, Micaela Drieberg, also supports “strengthened laws against violence and hate”.
“Laws are in place to prevent discrimination based on a person’s sex or gender, but these laws do not protect us from personal attacks,” Drieberg said.
“Vilification has no place in our communities, be it in person or online, and everyone has the right to feel safe.
“The proposed reforms acknowledge that all women have a right to feel safe and respected and everyone in Victoria should be able to take part in public life without fear.”
The bill provides pathways for two new criminal offences, making it illegal to “threaten physical harm or property damage against a person or group” and “incite hatred, serious contempt, revulsion or severe ridicule against another person or group” based on protected attributes. These crimes would incur five and three years in prison respectively.
The new laws will also simplify the process for taking legal action against comments made online.
Women, LGBTIQA+ communities are vulnerable
Fair Agenda CEO Renee Carr and Equality Australia CEO Anna Brown note that women and LGBTIQA+ people, particularly transgender people, continue to be targeted in public attacks.
“Almost two-thirds of the complaints about cyber abuse and image-based abuse sadly involve women,” Carr said.
“We need to hold this hate to account, prevent it from spreading and ensure all Victorians can live safely and peacefully.”
Brown also highlights the increase of attacks against LGBTQIA+ Victorians, in the form of hate speech, threats and intimidation.
“Hate impacts on the safety and dignity of individuals and diminishes our community as a whole,” Brown said.
“People who target vulnerable minorities to incite hated and fear need to be called out and stopped.
“We don’t want to see hate and extremism in public life, online spaces or on our streets. These laws will help protect all Victorians against hate and bigotry regardless of who they are, where they come from and what they believe.”
Disability and multicultural advocates welcome step forward
Victorian Disability Worker Commissioner Dan Stubbs said respect and fair treatment were at the heart of the changes.
“Being vilified and otherwise treated hatefully is something that too many people with disability have to quietly put up with,” Stubbs said.
“I welcome these changes as an excellent further step toward inclusion and ensuring people are generally treated with respect, which profoundly impacts a person’s quality of life.”
Multicultural Commissioner Dr Judy Tang welcomed the strengthened civil protections and said the reforms would help combat racism.
“Inciting hatred or contempt towards people of a particular race, culture, or faith has no place in Victorian society,” Dr Tang said.
“As an Asian woman, member of the LGBTIQA+ community, and a psychologist, I keenly understand that hate can impact individuals for many different reasons beyond race and religion and cause immense harm.
“The expanded and strengthened protections means that all Victorians will be able to participate in daily life without fearing being attacked or ridiculed for how they look, where they come from or their abilities and identities.”
Attorney-General Jaclyn Symes has indicated the government expects the bill to pass by March 2025.
Do you need some support?
If you are struggling with anxiety or depression, support and counselling are available from:
QLife: 1800 184 527 / qlife.org.au (Webchat 3pm – midnight)
QLife are a counselling and referral service for LGBTQIA+ people.
DISCHARGED: info@discharged.org.au / discharged.org.au
Discharged is a trans-led support service with peer support groups for trans and gender diverse folks.
Lifeline: 13 11 14 / lifeline.org.au
Beyondblue: 1300 22 4636 / www.beyondblue.org.au
