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Criminal Code Amendment (Hate Crimes) Bill 2024

The Law Council of Australia provided a submission to comment on the Criminal Code Amendment (Hate Crimes) Bill 2024 (the Bill). 

The Law Council is mindful of the need to reevaluate Australia’s legislative framework, at Commonwealth, state and territory levels, to better address the harm caused by hate speech, especially that which involves calls to force or violence.

In 2006, the Australian Law Reform Commission1 (ALRC) in its Fighting Words: A Review of Sedition Laws in Australia2 provided a blueprint for reform of sedition offences and defences in sections 80.2 and 80.3 of the Criminal Code Act 1995 (Cth) (Criminal Code), directed to urging the use of force or violence. In its inquiry, the ALRC asked whether this part of the Criminal Code ‘is well-articulated as a matter of criminal law and strikes an acceptable balance in a tolerant society’.3 That blueprint was substantially adopted.4

The Law Council agrees with the ALRC that the central challenge is ensuring that there is a bright line between freedom of expression – even when exercised in a challenging or unpopular manner – and the reach of the criminal law, which should focus on urging, and threatening to urge, the unlawful use of force or violence against vulnerable groups or members of vulnerable groups.5

In light of recent events, we acknowledge the need to preserve social cohesion in our multicultural society. Preserving that cohesion requires reflection about the legal framework by which we navigate entrenched disagreement with respect and tolerance.

Read the full submission below.

1 The review was conducted by an eminent panel of commissioners including Professor David Weisbrot, Justice Susan Kenny and, as she was then, Justice Susan Kiefel.
2 Australian Law Reform Commission, Fighting Words: A Review of Sedition Laws in Australia Report 104 (Report, July 2006). (‘ALRC’s Fighting Words’)
3 ALRC’s Fighting Words, 13.
4 National Security Legislation Amendment Act 2010 (Cth)
5 ALRC’s Fighting Words, 10.

Last Updated on 09/12/2024

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