Anti-vilification legislation debate in Upper House

The Justice Legislation Amendment (Anti-vilification and Social Cohesion) Bill 2024 also seeks to enact recommendations made by the Legislative Assembly Legal and Social Issues Committee arising from its inquiry into anti-vilification protections.

While speaking against it in the Upper House, Northern Metropolitan MP Evan Mulholland said there were aspects the Opposition supported.

‘Sadly, we are witnessing an unprecedented rise in prejudice-fuelled hatred, violence and assaults on our streets,’ he said.

‘While the principles behind strengthening Victoria’s anti-vilification laws and promoting social cohesion are commendable, legislation must be scrutinised on its practical impact.

‘Unfortunately, this bill has flaws that risk undermining social cohesion rather than improving it, and for that reason the Liberals and Nationals cannot support it in its current form.’

As Multicultural Affairs Minister, Western Metropolitan MP Ingrid Stitt said she was proud to speak in support of the bill.

‘This bill reiterates the Allan Labor government’s commitment that hate has no place in Victoria, and for multicultural communities it is a significant and powerful step,’ she said.

“ ‘Regardless of your cultural background or your religion, you belong, and you should not have to suffer.’ ”

Ingrid Stitt MP

The bill also aims to amend the Crimes Act 1958 to include serious vilification offences.

South-Eastern Metropolitan MP David Limbrick said Victoria Police cannot keep up with existing crimes already happening in the state.  

‘What we are proposing here is to add an entirely new branch of crimes, which presumably the police will not be able to keep up with either – unless they have got a new division or something; I am not sure how that is going to work or how much that is going to cost – and as has been pointed out by others, none of this has actually been tested yet, so it would be a very interesting situation,’ he said.

‘This is a very high-risk proposition that the government is making here.

“ ‘I do not think that anyone should be supporting this.’ ”

David Limbrick MP

Western Victoria MP Jacinta Ermacora said she never expected the legislation to be so urgently needed.

‘The bill provides a clear message from the leaders of this state, whether they are political, sporting, faith or any other leader, that everyone in Victoria deserves to be safe and feel safe, no matter how unique they are, no matter what their heritage,’ she said.

Northern Victoria MP Rikkie-Lee Tyrrell said she firmly opposed the proposed laws.

‘I strongly believe that as written these laws pose a grave threat to the fundamental right of free speech in our state and could deeply undermine the unity of our society,’ she said.

South-Eastern Metropolitan MP Ann-Marie Hermans said the bill is overreach.

‘We see this as an overreach; there is a potential threat here to the freedom of speech and freedom of religion, which of course goes against the grain of who we are as a political party,’ she said.

Southern Metropolitan MP Ryan Batchelor said it wouldn’t only be the Jewish community which would benefit from the changes.

‘We know that other communities who are targeted by hate speech will also benefit from the protections contained in this bill – the gay and lesbian community, for example, and the transgender community as well,’ he said.

The Opposition put forward two sets of amendments during debate on Tuesday.

The first, to remove the term ‘with the protected attribute’, with the intention of making it more objective. The second sought to wipe out or omit all of the civil sections in the bill.

As the two sets of amendments were moved, Eastern Victoria MP Melina Bath spoke in support of them.

‘This bill risks undermining our social cohesion rather than strengthening it,’ she said.

‘This is not acceptable. These amendments are important.’

South-Eastern Metropolitan MP Rachel Payne moved separate amendments to bring forward the latest commencement date of the bill from 18 September 2027 to 30 June 2026.

‘It is our hope that by bringing forward the latest commencement date of this legislation we can avoid an overlap with the next state election and ensure that these issues are not relitigated nor politicised,’ she said.

Northern Metropolitan MP Sheena Watt said the bill was a critical step forward in protecting communities from the harm of hate-fuelled discrimination.

‘This bill is not just about law reform. It is about reinforcing the values we hold as a community: the principles of respect and inclusion that define us as Victorians,’ she said.

‘It is about ensuring that every single person in this state, regardless of race, faith, gender identity, disability or sexuality, can live free from the poisonous reach of hatred and discrimination.’

You can read the full transcripts of the debate in the Legislative Council in Hansard.