News: Stronger hate crime laws will soon be in place
From 29 April 2024 there will be new, stronger vilification and hate crime laws in Queensland. The changes mean that:
- Displaying certain hate symbols that cause a member of the public to feel menaced, harassed or offended will be a crime.
- When crimes are motivated by hatred or serious contempt because of the victim’s race, religion, sexuality, sex characteristics or gender identity, the penalty imposed by the court may be tougher than usual.
When do the new laws apply?
The changes only apply to things that happen on or after 29 April 2024. Until then the existing vilification law remains in place.
Hate symbols to be banned under the new laws are not listed in the legislation, and none have been officially named yet.
What is Queensland’s existing vilification law?
There are two types of vilification under Queensland law: unlawful vilification, and serious vilification.
Unlawful vilification is when someone publicly incites hatred, severe ridicule, or severe contempt of someone else because of their race, religion, gender identity, or sexuality. Unlawful vilification is a civil matter, not a criminal one. Complaints about unlawful vilification are handled by us at the Commission through our complaints process.
Serious vilification is where the vilification involves a threat of harm to someone or their property, or an incitement for others to do so. Serious vilification is a criminal matter and can be reported to police.
What will change?
The new laws will strengthen the protections for people who experience vilification.
From 29 April, sex characteristics will be added to the list of attributes protected by vilification law, along with race, religion, sexuality, and gender identity.
The public display, public distribution, or publication of hate symbols will constitute vilification. This could include signs, tshirts, tattoos, and publication of prohibited symbols online.
The criminal offence of serious vilification will be moved from the Anti-Discrimination Act to the Criminal Code, and will have a higher penalty.
When crimes like assault, going armed so as to cause fear, threatening violence, wilful damage, trespass and public nuisance are motivated by hatred or serious contempt because of the victim’s race, religion, sexuality, gender identity or sex characteristics, courts will be able to impose a tougher penalty including longer custodial sentences.
More details about these changes will be available in the coming weeks.
What hate symbols will be illegal?
The government still has to decide on what symbols are not allowed, but its only possible to make a hate symbol illegal if the image represents the ideology of extreme prejudice against people based on their race, religion, sexuality, sex characteristics or gender identity.
The government must also consult with the Queensland Human Rights Commissioner before a hate symbol can be banned under the new laws.
What should I do if I’ve experienced vilification?
If you have been a victim of serious vilification or a hate crime, you should speak with the police. For LGBTIQ+ people you could choose to speak with a Queensland Police Service LGBTIQ+ liaison officer.
If you have experienced vilification, and are not sure if it’s something to make a complaint to us at the Queensland Human Rights Commission or the Queensland Police Service about, you can contact our enquiry line on 1300 130 670 for more information.
