Racial and Religious Tolerance Act - Victoria

Completed campaign - although there is now a campaign to REMOVE this law!
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Victoria’s Parliament passed the “Racial and Religious Tolerance Act” during 2001 and it came into force on 1 January 2002.

To see the actual Racial and Religious Tolerance Act, click here, then click on Victorian Statute Book, click Continue on the Disclaimer statement, click on 2001 Acts then scroll down and click on Racial and Religious Tolerance Act 2001.

For the government's outline of the new Act and how it will operate click here.

Summary

The Labor government launched a Discussion Paper and Model Bill in December 2000 and asked for submissions, to the office of Multicultural Affairs, by 28 February. Over 5,500 submissions were received with most submissions opposing the proposed legislation. Public meetings were held around the State. Again, many people expressed concerns about the proposed Bill.

Initial legal advice said that evangelism could be affected since people could complain that they were ‘offended’ by statements made by Christians. Salt Shakers prepared Repors, analysed the Bill and opposed the introduction of such legislation for a number of reasons – one reason is that it inhibits free speech and encourages people to take legal action against each other rather than learning to live together.

Following the consultation process the government released a proposal for an amended Bill. This reduced the number of grounds on which complaints could be made; it removed phrases such as including conduct that was likely to “seriously offend, insult or humiliate”. The focus was placed on “inciting hatred”. An exemption was added for discussion or debate for a religious purpose, following requests from some churches, but this was not detailed. Intent or motive is not considered when the complaint dealt with (except in criminal cases). A preamble, which broadens the scope of the legislation, was added.

Politicians received more letters on this issue than on any other issue in recent times. The vast majority of the 5,500 submissions opposed the legislation. Extensive lobbying and letter writing from many Christians alerted all political parties to the overwhelming public opinion against such legislation.

The revised Racial and Religious Tolerance Act, which outlaws vilification based on one’s race or religion, was debated in the Legislative Assembly (Lower House) on 5 June 2001, where it was passed at 4.30 am by 69 to 11. All National Party MPs, two Independents (Russell Savage, Craig Ingram) and three Liberals (Tony Plowman, Gordon Ashley, Inga Peulich) voted against the Bill. Seven Liberals abstained from the vote. The Legislative Council (Upper House), with a Coalition majority, passed the Bill by 32 – 9 on Thursday 14 June 2001. Again the National Party opposed the bill. Three Liberals also voted against the Bill (Bruce Atkinson, Ron Bowden, Chris Strong). Two Liberals abstained from the vote.

To see the actual Racial and Religious Tolerance Act, click here, then click on Victorian Statute Book, click Continue on the Disclaimer statement, click on 2001 Acts then scroll down and click on Racial and Religious Tolerance Act 2001.

The Racial and Religious Tolerance Act impinges on free speech, leaves employers liable, allows children to take action through an organisation and leaves the interpretation of appropriate behaviour to the Equal Opportunity Commission.