THE HON MARK DREYFUS KC MP
ATTORNEY-GENERAL
CABINET SECRETARY
MEMBER FOR ISAACS
SECOND READING SPEECH
CRIMINAL CODE AMENDMENT (HATE CRIMES) BILL 2024
In my first speech to Federal Parliament in 2008, I said that:
“Tolerance lies at the heart of our Australian multiculturalism. It is a vital democratic value. Tolerance of others – tolerance of different cultural and religious values and tolerance of different political positions – produces inclusiveness and not division. It enables harmonious communities and peaceful political debate.”
Unfortunately, a tolerant society is not something we can take for granted. In recent years, there has been a significant increase in hate speech and other hateful conduct that urges violence against individuals and groups within our society.
This can be seen in the rise of anti-Semitic and Islamophobic rhetoric following the terrorist attacks in Israel on 7 October 2023, the testimonies of those who appeared before the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, and the oppression and abuse faced by those in the LGBTIQA+ community. Global events, such as the conflict in the Middle East, have resonated in Australia and will continue to do so.
As reflected in the Director General of Security’s decision to raise the national terrorism threat level to PROBABLE on 5 August 2024, these dynamics have raised the temperature of the security environment. As the Director-General noted, there has been a normalisation of provocative and inflammatory behaviours contrary to community standards and liberal democratic values. There is a direct connection between inflamed language, inflamed tension and violence.
No one in Australia should be targeted because of who they are or what they believe. The legislation I am introducing to the Parliament today responds to the increasing prevalence of hate speech and hateful conduct in our society. This conduct can not, and will not, be tolerated.
The Albanese Government is committed to the safety and security of the community. It is our responsibility as a Government, and as a Parliament, to use our collective voice to send a clear, unambiguous message in response: threats of violence and urging violence against groups, whether distinguished by their race or religion, their sexual orientation, their nationality, or who they are, is not acceptable. This is criminal behaviour and should be treated as such.
Robust debate must remain a feature of our democracy. Australia’s vibrancy as a nation comes from the diversity of opinions and beliefs that are held across our community. We will not always agree with each other and, at times, we may find the views of others distasteful.
However, there is a threshold for a democratic society where conduct becomes unacceptable and must be addressed. Conduct that urges or threatens the use of force or violence against individuals or groups in a manner which impacts their enjoyment of fundamental human rights and participation in society is not a legitimate expression of opinion.
Robust discussion of diverse views and opinions is a necessary part of a vibrant and effective democracy, and these thresholds are not always straightforward to define in legislation. This Bill has been carefully considered to target the most serious forms of hate speech, namely the urging or threatening of force or violence against groups.
The Government supports a referral of this Bill to the Senate Legal and Constitutional Affairs Legislation Committee. The Committee process will be an opportunity for all members of the public to engage with these issues. I look forward to hearing and engaging with the views that are expressed, including on the significant harm and serious vilification being experienced by those in our society.
In this term, the Albanese Government has already taken significant steps to address displays of hate, including by creating new offences for publicly displaying Nazi and terrorist organisation symbols, giving the Nazi salute, and trading in items bearing these symbols. When I introduced that legislation to this House, I committed to acting if more was required to protect Australians from hatred. Today, the Government is acting to further protect the community from the harm caused by those who foster extremism, hatred and violence.
This Bill expands, and builds upon, existing legislative protections against hate speech and extremism. These protections will support law enforcement’s ability to intervene early to prevent acts of violence. They will better enable our law enforcement agencies to disrupt, investigate and protect against the harms caused by those who foster hatred, extremism or incitement to violence.
The Bill will strengthen existing offences in sections 80.2A and 80.2B of the Criminal Code for urging violence against groups or members of groups.
These offences currently protect groups distinguished by race, religion, nationality, national or ethnic origin or political opinion. The Bill will expand the list of groups that these offences protect to include groups distinguished by sex, sexual orientation, gender identity, intersex status and disability.
The Bill will also strengthen these offences to capture circumstances in which a person intentionally urges force or violence and is reckless as to whether the force or violence will occur.
The Bill will also remove the availability of the good faith defence. There are no circumstances in which urging force or violence against a targeted group or its members can be done in good faith.
The Bill will establish new criminal offences for directly threatening force or violence towards a group, or member of a group, that is distinguished by race, religion, nationality, sex, sexual orientation, gender identity, intersex status, disability, national or ethnic origin or political opinion.
The new offences will address a gap in Commonwealth laws by providing law enforcement with the capacity to address conduct which involves a direct threat from one person to another. This differs from existing offences, which apply where a person urges another person to use force or violence against a group or group member.
There will be no defence of good faith for this offence. Threats of force or violence cannot be done in good faith.
The Bill will amend the existing offences in sections 80.2H, 80.2HA and 80.2K of the Criminal Code. These provisions make it an offence to publicly display prohibited Nazi and terrorist organisation symbols or to make Nazi gestures in specified circumstances. This includes where the display of the symbol or use of the gesture is likely to offend, insult, humiliate or intimidate a member of a group distinguished by race, colour, sex, language, religion, political or other opinion or national or social origin.
The Bill will expand the list of groups which these offences protect to include groups distinguished by sexual orientation, gender identity and intersex status. The amendments accord with Australia’s international human rights obligations and complement existing civil protections in the Sex Discrimination Act 1984.
As the Prime Minister recently reminded us, words matter. Violent and extremist rhetoric seeks to create a wedge between us. Mutual respect and understanding holds us together – a recognition that each of us is entitled to the same respect, dignity and opportunities.
How we protect minority groups, and how we treat those that are different to ourselves, is a measure of our society and a measure of our humanity. This Bill strengthens protections for all Australians against the harm caused by those who foster hatred and extremism.
Australia’s diversity is our great strength.
With these laws, we are sending a clear signal to those who seek to divide us. There is no place in this country for hate speech and other hateful conduct that urges or threatens violence against others.
For those who have faced hatred and violence simply for being who you are, we stand with you. The Albanese Government is acting to keep you safe and ensure you are free to live your lives without fear.
I commend the Bill to the House.
Thursday, 12 September 2024
