The Allan Labor Government is proposing some of the most far-reaching changes to Victoria's anti-vilification laws since they were first legislated.
Labor is considering expanding the number of 'protected attributes' from two to ten, including adding gender identity. Also being considered is:
- the creation of new criminal offences;
- lowering the threshold for proving criminal offences by capturing mere reckless conduct;
- no longer requiring the Director of Public Prosecutions to commence prosecutions;
- extending the reach of criminal conduct outside Victoria;
- massively increasing maximum criminal penalties;
- lowering the threshold for civil vilification provisions to include public conduct 'likely to incite';
- introducing a new civil law prohibiting people saying or doing things in public that harms others based on a protected attribute;
- limiting the 'private conduct' exception;
- raising the threshold for the 'public interest' exception;
- limiting the religious purpose exception; and
- expanding the remedies that VCAT and VEOHRC can order.
Shadow Attorney-General, Michael O'Brien, said: "These sweeping proposals would affect every single Victorian: what they can say, what they can write, what they can do, and even how they can worship.
"Given the massive reach of these proposed changes, there needs to be more time for consultation with Victorians. Currently, Labor proposes to shut the consultation down in just three days' time. This is not good enough.
"If the Allan Labor Government is serious about genuinely listening to Victorians, it should extend the consultation period until at least the end of November.
"The right to freedom of speech, thought and worship is critical, as is the right of Victorians to not be vilified simply for who they are. Getting the balance right is crucial and Labor must extend the consultation period to give more Victorians a chance to have their say."
