Criminal Code Amendment (Hate Crimes) Bill 2024

Ms SPENDER (Wentworth) (20:05): by leave—I move amendments (1), (11), (13) and (14), as circulated in my name, together: (1) Schedule 1, item 1, page 3 (line 7), after "genocide,", insert "promoting hatred,". (11) Schedule 1, page 8 (after line 10), after item 19, insert: 19A After Subdivision C of Division 80 of the Criminal Code Insert: Subdivision CAA — Promoting hatred 80.2DA Promoting hatred Offence (1) A person commits an offence if: (a) the person does an act; and (b) the person does the act publicly; and (c) the person does the act with the intention to promote hatred towards, harassment, threats, intimidation or abuse of, another person (the targeted person) or group (the targeted group); and (d) the targeted person or the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, sex characteristics, disability, nationality, national or ethnic origin or personal association (whether as a relative or otherwise) with a person who is distinguished by any of those attributes; and (e) the act promotes, or is reasonably likely to promote, such hatred, or to harass, threaten, intimidate or abuse that targeted person or some or all of the members of the targeted group.

Penalty: 250 penalty units or imprisonment for 2 years, or both. (2) For the purposes of paragraph (1)(d), it is immaterial whether the targeted person actually is so distinguished by the attribute or attributes mentioned in that paragraph or actually is a member of the targeted group. (3) For the purposes of paragraph (1)(d), the person may have in mind a combination of attributes mentioned in that paragraph.

(4) The fault element for paragraph (1)(d) is recklessness. Note: For recklessness, see section 5.4. (5) Strict liability applies to paragraph (1)(e).

Interim orders (6) A court may make an interim order on application by the prosecutor or on its own initiative if the court is satisfied that: (a) both of the following apply: (i) there is sufficient evidence that the person committed the offence; (ii) the making of the interim order is reasonably necessary to prevent the person from continuing to commit the offence or committing further offences; or (b) the making of the interim order is reasonably necessary to preserve or secure any matter or thing that may be or become evidence in any proceedings relating to the charge.

Definitions (7) In this section: association with another person includes: (a) being a near relative of the person; or (b) living with the person on a genuine domestic basis; or (c) having a formal business or employment relationship with the person. hatred includes detestation, enmity, ill-will, revulsion, serious contempt and malevolence. promoting includes: (a) publicising, advocating or glorifying; and (b) eliciting or stirring up (whether effectively or ineffectively) a feeling or feelings in another person, or in or among other persons. publicly includes: (a) speaking, writing, displaying notices, playing of recorded material, broadcasting and communicating through social media and other electronic methods, to the public or a section of the public (whether or not the public have access to the communication as of right or by invitation, whether express or implied and whether or not a charge is made); and (b) any conduct, including actions and gestures and the wearing or display of clothing, signs, flags, emblems and insignia, observable by the public; and (c) the distribution or dissemination of any matter to the public or a section of the public; and (d) acts done in a public place; or (e) acts done in the sight or hearing of people who are in a public place.

Note: For public place, see the definition in the Dictionary. (8) For the purposes of the definition of publicly in subsection (8), an act may be done publicly even if the act occurs on private land or in a place that is not ordinarily accessed by the public. (13) Schedule 1, item 21, page 8 (lines 16 and 17), omit "and 80.2BB", substitute ", 80.2BB and 80.2DA".

(14) Schedule 1, page 8 (after line 21), at the end of the Schedule, add: 23 After paragraph 80.4(2)(c) of the Criminal Code Insert: (da) subsection 80.2DA(1); or I'm extremely proud of the diversity of my community in Wentworth. We are an electorate that values tolerance above all, acknowledging that Australia's diversity is our greatest strength. But in recent weeks and months my community's sense of safety and security has been very much undermined.

This has been an absolutely terrible time for the Jewish community. That is why I'm standing here today in the chamber. I support the Criminal Code Amendment (Hate Crimes) Bill 2024.

I've been very clear from the start that I support this bill, and frankly I've been pushing for this bill to come before the House since last year. But I believe that this bill does not go far enough, and that is why I have moved these amendments. Let me tell you why.

I'll start with the Jewish community. I will talk about other communities, but let me start with the Jewish community. Since 7 October, my Jewish community has been subject to horrendous antisemitism.

There's always been antisemitism. It was a concern of mine before 7 October, but since that date it has been absolutely horrendous. Some of the antisemitism they have most feared is the expression of hate by some preachers.

Some are preaching hate against the Jews. Something that has struck fear into my community is that some people have preached online sermons which literally have called for the final solution on the Jews. We all know what 'the final solution' stands for.

It refers to Hitler's final solution on the Jews. This happened in this country, and my community, rightly, came to me and said: 'What is happening in this country? Why is this possible?

Surely, this is illegal?' The truth is it isn't. We've also had people who, in similar sermons, have called Jews as a whole 'bloodthirsty' and 'criminals'. These sorts of expressions are so incendiary and so undermining of a sense of safety.

This was not long after 7 October, in the early days. Since then, we have all seen on the news—and I have lived through it in my community—the devastation of antisemitism. We've seen the former houses of members of the Jewish community sprayed and the cars in front of them burned.

There is intentional intimidation of my community at childcare centres, at schools. There was an arson attack on a synagogue. This is what is happening to my Jewish community, but it did start, and it has always started, with words.

My concern, despite the laudable aims of this legislation, is that it has not got to the starting point, which is the words. As Mike Burgess from ASIO said, words matter. Yesterday I was very proud that the whole of the parliament united against antisemitism, because our words matter.

But our actions also matter. We as legislators have the opportunity to do something about this, to make sure those words, those most incendiary words, have a brake and have guardrails. I was really disappointed that the government, as I understand it, considered hate speech in its initial drafting of the bill but then removed it later.

That is why I have introduced these amendments. I know there have been a lot of discussions on free speech. These amendments are based on existing laws in WA.

To those who have really legitimate concerns about restrictions on free speech: WA has had this legislation for 21 years. It has not been used to quell free speech. What it has been used to do is to quell hate speech—speech that is deliberately and intentionally there to promote hatred in our community.

In one of the most diverse countries on earth—and, I believe, one of the most successfully diverse countries on earth—we do need to have guardrails on people who are deliberately promoting hate and division. So I have put forward these amendments. The government have told me they're not going to support them.

I find that really disappointing. I've not yet had an indication from the coalition as to whether they will support them. My view, honestly?

I can see that the major parties are working together on this legislation. My feeling is that, had the coalition decided to support these amendments, the government would have supported them, or vice versa—it would have happened. The message I get from my community, time and time again, is: 'Words are great.

I want action.' They wanted action in this legislation, it had the support of ECAJ, and I am desperately sad that this has not happened. (Extension of time granted). I've spoken a lot about the Jewish community, and that is because my Jewish community is, as I said, living through the worst antisemitism this country has ever seen.

I can't tell you exactly how the community feels about this, but it is extremely devastating for people. The second community that this legislation is very important to is the LGBTQIA+ community, which happens to be another really important part of my community. I'm not trying to compare what the Jewish community is going through because of antisemitism, but for the LGBTQIA+ community, similarly, there has been a long and insidious campaign against its members over many years.

There have been many hate crimes against the LGBTQIA+ community, including crimes of murder and actual police cover-ups, because of hatred for the LGBTQIA+ community. Again, these people are a really important and valued part of not just my community but the Australian community. When I say that words matter when it comes to hatred against religious groups, words also matter when it comes to hatred against groups of different sexuality and gender, and we have seen this.

When Neo-Nazis can stand in the streets of Melbourne and hold up a sign saying, 'Destroy paedo freaks,' at an anti- LGBTQIA+ rally, we as a country need to have some sense of whether that's okay, and, if we don't think it's okay, what we are going to do about it. The government and the parliament at this stage have said: 'Do you know what? We may not like it but we think it's okay.' I think we can do better on this.

The point is that words matter. The fact is that people do this deliberately to try to increase hatred towards a group in our country—that is what they are doing; they're promoting hatred against a part of our community—and we say, 'We won't put guardrails on this unless we can show that there's a direct pathway to violence.' The point is that we know the words start and the violence follows.

And it's not always within days or weeks. With the antisemitism we are seeing in the country right now, it has taken almost a year for that antisemitism to go from words to particularly violent actions. So for the LGBTQIA+ community this is also really important.

I've had other communities reach out to me since I've been speaking up on the issue to say that it's not just the Jewish community and not just the LGBTQIA+ community but many communities in this country who are targeted on the basis of their race, religion or sexuality. This is happening in this country. There are people who are trying to promote hatred and division in our country, and I think we need to have guardrails around it if that is their intention.

That's really where I'm at. I've put forward these amendments in very good faith and I appreciate the conversation that we have had around this, but I'm extremely disappointed to get the feedback on it. I think both the major parties have spoken very sincerely about wanting to fight antisemitism, but my challenge to both of them is: where is the leadership at this point to actually do something about it?

We'll probably see changes in the law in New South Wales, we're potentially seeing changes in the laws in Victoria and we already have these laws in WA. We could have set the direction at a national level and said, 'This is one country, and we do not want to see this hate speech across any part of our country.' We can come up with the appropriate guardrails, and we have failed to do that.

I think that is extremely disappointing to key parts of my community, and it's disappointing to me because I believe this parliament can do better. Whatever happens after this, this is something I will continue to speak up on because we as a parliament need to speak up on this and need to make sure we back up this strong rhetoric which has come from all the leaders in the parliament with actual action.