Response to the Inquiry into Anti-Vilification Protections

Inquiry into Anti-Vilification Protections in Victoria

The Victorian Parliament’s Legal and Social Issues Committee examined how Victoria's anti-vilification laws are working.

The Committee released its Final Report of the Inquiry into anti-vilification protections on 3 March 2021.

The report found that vilification is common for many Victorians, including people:

• from culturally and linguistically diverse backgrounds
• from particular faith groups
• who are Aboriginal and Torres Strait Islander
• who identify as LGBTIQ+
• with a disability.

The report made 36 recommendations to strengthen Victoria’s protections against anti-vilification.

Victorian Government response to the inquiry

The Victorian Government responded to the report’s recommendations. The Government supported or supported-in-principle 34 of the report’s 36 recommendations.

Changes to the law after the inquiry

Banning Nazi hate symbols and gestures

In response to recommendation 24 of the report, the government introduced laws to ban the public display of the Hakenkreuz (twisted or hooked cross) - the most widely known symbol used by the Nazi Party and the Third Reich in Germany. The government consulted with the Victorian Jewish, Hindu, Buddhist, and Jain communities, among others, to develop this law. The government acknowledges the cultural and historical significance of the Swastika symbol for Hindu and other faith communities, including Buddhist and Jain communities.

The government expanded on this law by also banning the public display and performance of any symbol or gesture used by the Nazi Party, including the Nazi salute.

This ban sends a clear message that Nazi ideology and the hate it represents is not tolerated in Victoria. There are several exceptions to these offences including where the display or performance is done reasonably and in good faith for genuine academic, artistic, scientific or educational or religious purposes.

Strengthened anti-vilification protections

These laws:

• protect more Victorians from vilification – Expand protections beyond race and religion to also protect the attributes (characteristics of a person or group) of disability, gender identity, sex, sex characteristics, sexual orientation and personal association with a person with a protected attribute.
• introduce new criminal offences – Two new serious vilification criminal offences with higher maximum penalties will be introduced in the Crimes Act 1958: an incitement offence and a threat offence.
• strengthen civil protections – Two civil protections will be introduced into the Equal Opportunity Act 2010: a modified incitement-based protection and a new harm-based protection.
• protect and promote human rights – There are still exceptions to the civil protections to promote human rights, including freedom of expression and religion.
• enable Victorians who have been vilified to seek a remedy - Can continue to be able to seek a remedy through the Victorian Equal Opportunity and Human Rights Commission or through the Victorian Civil and Administrative Tribunal.

We made these changes after consulting with many people in the community. For more information on the consultation process visit the Engage Victoria website.

Translated information

Arabic - العربية

Chinese (Simplified) - 简体中文

Chinese (Traditional) - 繁體中文 

Dinka - Thuɔŋjäŋ

Gujarati - ગુજરાતી

Hindi - हिन्दी

Indonesian - Bahasa Indonesia

Nuer - Thok Nath

Punjabi - ਪੰਜਾਬੀ

Sudanese Arabic - العربية السودان

Tamil - தமிழ்

Vietnamese - tiếng Việt