Response to the Inquiry into Anti-Vilification Protections

What is vilification?

Vilification is a behaviour. It incites or encourages hatred, serious contempt, revulsion or severe ridicule because of a person’s race or religion. It can be against a person or a group of people.

Examples of vilification could include:

making racist comments online that could make other people hate or ridicule a person
making statements at a public meeting or rally that encourage contempt of a group of people based on their race or religion
writing graffiti that encourages people to hate a racial or religious group

In Victoria, the Racial and Religious Tolerance Act 2001 prevents vilification. It can protect people from vilification based on race and religion where this occurs in public. It does not cover vilification based on disability, gender or sexual orientation.

Vilification is different to discrimination and sexual harassment

Discrimination is treating a person badly or unfairly because of a personal characteristic protected by the law (for example, their age, disability or gender identity).

Sexual harassment is unwelcome sexual behaviour that makes someone feel offended, humiliated or intimidated. This includes, for example, suggestive jokes or intrusive questions about someone’s sex life.

The Equal Opportunity Act 2010 makes discrimination and sexual harassment against the law when it happens in certain areas of public life (for example, at work, at school and in shops).

Inquiry into Anti-Vilification Protections in Victoria

The Legal and Social Issues Committee investigated how Victoria's anti-vilification laws are working. This committee is part of the Legislative Assembly in the Victorian Parliament.

The Committee asked for public submissions as part of its Inquiry. The Committee received 62 written submissions and 11 supplementary submissions. It held seven days of public hearings in Melbourne, both in person and via video link.

The Committee released its report on Anti-vilification Protections (the report) 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

Vilification occurs in schools, sporting grounds, workplaces, services, and online.

The report makes 36 recommendations to strengthen Victoria’s protections against anti-vilification. Some of the main recommendations include:

extending anti-vilification protections beyond race and religion (for example to prevent vilification on the basis of gender and/or sex, sexual orientation, gender identity and/or gender expression, sex characteristics and/or intersex status, disability, HIV/AIDS status or personal association)
lowering the thresholds for what amounts to civil and criminal vilification
banning the public display of Nazi symbols.

Government response

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

The government is now planning the best way to make changes. Some recommendations need the government to change laws. Many will need input from the Victorian community, such as community groups that experience vilification. Some will need careful consideration of different human rights.

The government’s Anti-Racism Taskforce is also developing Victoria’s new Anti-Racism Strategy. The Anti-Racism Strategy will complement the implementation of the Inquiry’s recommendations.

Victorian Government response into Anti-Vilification Protections

The government wants to reduce hate crime and vilification in Victoria. Vilification has no place in our community.

Nazi hate symbols now banned in Victoria

In response to recommendation 24 of the report, the government has introduced laws to ban the public display of Nazi symbols, with appropriate exceptions.

The Summary Offences Amendment (Nazi Symbol Prohibition) Act 2022, sends a clear message that Victoria does not tolerate the display of these symbols in connection with Nazi ideology. It does not ban or criminalise the use of ancient symbols with religious, cultural and historical value. Nor does it criminalise the display of Nazi symbols for educational or cultural purposes.

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.

For members of these faith communities, the Swastika symbol is not only inscribed in places of worship, but is often displayed outside their homes and religious settings as a symbol of blessing and peace.

It is important to understand and be aware of the difference between this symbol and what the Nazis called the Hakenkreuz symbol. The Hakenkreuz was used to spread hate and violence. This symbol, which has some common visual features with the swastika, is covered by the ban.

In developing the law, we worked alongside community leaders from impacted groups to develop clear and permanent exclusions for religious and cultural use. This ensures that these communities do not face negative consequences from the ban on the Nazi Hakenkreuz.

The Government will deliver a community education campaign to:

raise awareness of the origins of the religious and cultural swastika
recognise its importance to the Buddhist, Hindu and Jain communities, and
explain its distinction from the Hakenkreuz.

Fact sheet: Ban of Nazi symbols and gestures

New criminal offence commences on 21 October 2023.

Help for people experiencing vilification

In an emergency, always call police on triple zero (000).

If you think you may have experienced vilification, you can contact:

Victorian Equal Opportunity and Human Rights Commission
Helps resolve complaints about racial or religious vilification. Make a complaint online using the community reporting tool or contact VEOHRC by phone 1300 292 153 or email enquiries@veohrc.vic.gov.au.
Victorian Legal Aid
Provides free information and help about the law. Contact: 1300 792 387 or visit legalaid.vic.gov.au.
Victorian Aboriginal Legal Service
Provides legal advice and information to Aboriginal and Torres Strait Islander peoples in Victoria. Contact: 1800 064 865 or vals@vals.org.au.
Rainbow Door
A free specialist LGBTIQA+ helpline. It provides support and referral to all LGBTIQA+ Victorians, their family and friends. Contact 1800 729 367, email support@rainbowdoor.org.au or SMS 0480 017 246.
QLife
Provides Australia-wide LGBTQIA+ peer support and referrals for people wanting to talk about a range of issues, including sexuality, identity, gender, bodies, feelings, or relationships. Contact 1800 184 527 or visit qlife.org.au.
Report racism hotline
Provides advice and guidance for children and parents/carers about reporting an incident of racial and religious abuse or discrimination at a Victorian Government school. Contact: 1800 722 476 or report.racism@education.vic.gov.au.
Disability Gateway (Victoria)
Provides information and links to advocacy organisation that can support for people living with a disability who a discriminated against and not treated equally. Visit disabilitygateway.gov.au/legal/advocacy/vic.
Parentline
Provides parents and carers with counselling and support from a qualified counsellor from 8am to midnight, 7 days a week including public holidays. Contact 13 22 89.
Office of the eSafety Commissioner
Responds to complaints about online abuse. Reports can be made in relation to cyberbullying, image-based abuse as well as any illegal and harmful content at esafety.gov.au/report.
Lifeline
Provides 24-hour crisis support and suicide prevention services. Contact 13 11 14.
Kids Helpline
Provides 24-hour counselling service for young people aged 5 to 25 years. Contact 1800 551 800 or counsellor@kidshelpline.com.au.
Victorian Aboriginal Community Controlled Health Organisation (VACCHO)
Provides advice and further information on specific resources and contacts for Aboriginal and Torres Strait Islander peoples. Contact: 03 9411 9411 or visit vaccho.org.au.
MensLine Australia
Provides 24-hour help, support, referrals and counselling services for men. Contact 1300 789 978.
Suicide Call Back Service
Provides 24-hour counselling for suicide prevention and mental health. Support is via telephone, online and video for anyone affected by suicidal thoughts. Contact 1300 659 467.
Victoria Police
For emergency assistance, including where you are a victim of a serious incident of racial and religious vilification or abuse, contact triple zero (000). Find out more about how Victoria Police manage prejudice motivated crime at their police.vic.gov.au/prejudice-and-racial-and-religious-vilification.
Beyond Blue
Provides 24-hour support for people affected by anxiety, depression and suicide. Contact 1300 224 636. Beyond Blue also have dedicated resources for Aboriginal and Torres Strait Island people.
Headspace
Provides information and support about mental health and wellbeing. Contact 1800 650 890.
Headspace also provides early intervention mental health services to 12 - 25-year-olds. Headspace also provides resources specifically for Aboriginal and Torres Strait Islander people.
ReachOut
Provides support about mental health issues for people under 25 years.
Blue Knot Foundation
Blue Knot Foundation offers free, specialist counselling support and a referral service for people with disability, their families and carers. Contact 1800 421 468 (9am - 6pm AEDT Monday to Friday, 9am - 5pm AEDT Saturday, Sunday and public holidays). If you are deaf, or have a hearing or speech impairment, call the National Relay Service on 133 677 and give 02 6146 1468 as the number you want to call. Interpreters can be requested.
Association for Children with Disability
Provides information, support and advocacy to families of children with disability in Victoria. Contact (03) 9880 7000 or visit acd.org.au.
WellMob
Provides online resources made by and for Aboriginal and Torres Strait Islander people with a focus on social and emotional wellbeing. This includes websites, apps, podcasts, videos, social media, and online counselling. Contact (08) 9370 6336.
Yarning SafeNStrong
Provides a Victoria-wide 24/7 social and emotional wellbeing helpline for Aboriginal and Torres Strait Islander peoples. Contact 1800 95 95 63, email ysns@vahs.org.au or visit vahs.org.au/yarning-safenstrong/.