Push to strengthen LGBT protections in hate crime overhaul

Independent MP Allegra Spender and the Greens are pushing amendments to the Australian Government’s Hates Crimes Bill that would expand it to protecting people on the grounds of gender identity and sexual orientation to a greater degree, as well as those that associate with them.

An associate could be someone like the parent of a transgender person or a straight bartender who works at a gay bar who receives abuse because of their connection to those communities.

The Greens say they will support the Criminal Code Amendment (Hate Crimes) Bill as a step in strengthening protections for vulnerable and targeted communities. 

However they will also move amendments that were recommended in the bill’s Senate inquiry that would include extend protections to “associates” of protected groups, and update language around gender and sexuality.

“The Greens will support Labor’s Hate Crimes Bill as it ensures stronger protections for vulnerable and targeted groups,” Greens Senator and anti-racism spokesperson Mehreen Faruqi said yesterday, while continuing to call for a national Human Rights Act for Australia.

“It is a considered piece of legislation which is a step towards combating hate.

“We will consider our position in relation to amendments moved by other parties.”

Meanwhile Wentworth MP Allegra Spender is pushing for serious vilification to be covered by the bill.

The bill criminalises “incitement to violence” but stops short of addressing public speech that seeks to provoke hatred toward a group or groups.

“This [wouldn’t] constrain people’s opinions, but it does restrain people from promoting hatred because we’ve seen that promotion of hatred leads to real-world violence,” Spender told The Sydney Morning Herald.

“I’m a very big advocate for free speech but if you are trying to vilify groups to drive hatred, I think Australians want to see a line drawn on that.”

Spender’s amendments and the Greens plan to have the legislation cover “associates” of protected groups are supported by Equality Australia who say that covering serious vilification in the bill is needed for it to be fully effective in combating hate speech.

“These laws are welcome but they will only prevent the spread of hate if they stop it at its source,” Equality Australia CEO Anna Brown said earlier today.

“We have seen all too clearly how hate speech leads to appalling acts of violence in the real world. 

“While freedom of expression must be protected it is also vital that we stamp out the vile hate mongering that encourages and enables vicious attacks on minorities and other vulnerable groups.” 
Brown said that the LGBTQIA+ community had seen an escalation of attacks in recent years. 

“We have seen a shocking number of violent and deliberately targeted attacks against LGBTIQ+ people, and it is clear they are motivated by a specific form of hatred,” Brown said.

“These noisy fringe groups are getting louder and bolder, and we are seeing bashings, online harassment and attacks on libraries and councils, as well as queer venues and events. 

“The threats to our community are real and severe and the need for greater protections from hate and vilification has never been more urgent. 

“Unfortunately, the current Bill falls short of the commitment the Attorney-General made last March to new laws that would capture serious instances of vilification as well as other forms of hate. 

“This is a once in a generation opportunity for our political leaders to send a clear message that Australia is not a country of division and hate.” 

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