The Institute of Public Affairs (the IPA) welcomes the opportunity to make this submission to the state government’s new round of consultation into proposed changes to Victoria’s antivilification laws.
The proposed changes to Victoria’s Racial and Religious Tolerance Act 2001 (RRTA) seek to dramatically expand Victoria’s anti-vilification framework by expanding the scope and reducing the standard for unlawful speech, and broadening the list of protected attributes.
The IPA notes that the proposed amendments are similar to previous proposals to amend Victorian anti-vilification legislation, that were subject to an inquiry by the Legislative Assembly Legal and Social Issues Committee conducted between 2019 and 2021. The IPA’s submission to that inquiry is included in this submission as attachment 1. In addition, the current proposals are similar to recent legislative changes to the Queensland Anti-Discrimination Act 1991, the Respect at Work and Other Matters Amendment Bill 2024. IPA analysis of the Respect at Work bill is included in this submission as attachment 2.
The Department of Justice and Community Safety has posited that vilification “undermines Victoria’s social cohesion as a multicultural and inclusive society” and may cause profound harm, “affecting people’s physical and psychological wellbeing.” Far from achieving social cohesion, the proposed changes would divide Australians by empowering activists to shut down debate through the weaponisation of vague and ambiguous new laws.
The proposed changes are a direct and egregious assault on free speech in Victoria. IPA research finds:
- The proposed changes would dramatically expand the scope and reduce the standard of unlawful speech, which undermines the rule of law.
- The proposed changes would hand a sword to activists to shut down political debate.
On the basis of the IPAs research, the proposed changes are fatally flawed and should be rejected to ensure Victoria does not become the censorship capital of Australia.
