Criminal Code (Serious Vilification and Hate Crimes) and Other Legislation Amendment Bill 2023
Plain English Summary
Overview
This bill strengthens Queensland's hate crime and vilification laws by implementing recommendations from a parliamentary inquiry. It increases penalties for serious vilification, creates aggravated offences for crimes motivated by hatred based on race, religion, sexuality, sex characteristics or gender identity, and bans the public display of prescribed hate symbols such as Nazi imagery.
Who it affects
Communities targeted by hate crimes and vilification gain stronger legal protections, particularly multicultural and LGBTIQ+ Queenslanders. People who commit hate-motivated offences face significantly higher penalties, and those who publicly display hate symbols face a new criminal offence.
Key changes
- Serious vilification offence moved from the Anti-Discrimination Act to the Criminal Code, with the maximum penalty increased from 6 months to 3 years imprisonment
- Requirement for Crown Law Officer consent before prosecuting vilification offences removed, making it easier to bring charges
- New hate crime aggravation created for offences motivated by hatred based on race, religion, sexuality, sex characteristics or gender identity, with higher penalties for aggravated assault (up to 4 years), assault occasioning bodily harm (up to 10 years), threats (up to 7 years), stalking (up to 7 years) and wilful damage (up to 7 years)
- Public display, distribution or publication of prescribed hate symbols banned, with a maximum penalty of 70 penalty units or 6 months imprisonment
- Exceptions protect legitimate use of symbols for genuine artistic, religious, educational, historical, legal and public interest purposes
- Police given warrantless search powers where they suspect the prohibited symbols offence has been committed
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee29 Mar 2023View Hansard
Referred to Legal Affairs and Safety Committee
The Legal Affairs and Safety Committee examined the Bill over three months, receiving submissions from numerous stakeholders including the Queensland Human Rights Commission, Multicultural Australia, Aboriginal and Torres Strait Islander Legal Service, and community legal centres. The majority of stakeholders supported the Bill. The committee recommended the Bill be passed and made eight additional recommendations covering expanded protected attributes, coverage of closed environments, electronic communications, reviews of the legislation's impact, culturally appropriate training, and data collection on hate crimes. The Queensland Government supported or supported-in-principle all recommendations.
Key findings (5)
- The majority of stakeholders were supportive of the Bill's reforms to serious vilification and hate crime laws.
- The committee found the Bill compatible with human rights under the Human Rights Act 2019, noting that any limitations on rights were justified to protect vulnerable community members.
- Stakeholders raised the need to expand protected attributes beyond race, religion, sexuality and gender identity to include age and impairment.
- The committee identified that the existing serious vilification offence had been rarely prosecuted, with only five charges and three convictions since 2001, partly due to the requirement for Crown Law Officer consent.
- Concerns were raised about the need to protect religious and cultural uses of symbols (such as the Hindu swastika) from being captured by the proposed prohibited symbols offence.
Recommendations (9)
- The committee recommends the Criminal Code (Serious Vilification and Hate Crimes) and Other Legislation Amendment Bill 2023 be passed.
- That the Queensland Government considers, as part of its review of the Anti-Discrimination Act 1991, the possible inclusion of additional protected attributes, particularly age and impairment, in relation to vilification, serious vilification, circumstance of aggravation and prohibited symbols provisions.
- That the Queensland Government considers amending the Bill to include closed environments, such as hospitals and educational institutions, in the serious vilification and prohibited symbols provisions.
- That the Queensland Government amends the definition of 'public act' to set out examples of communication by electronic means, including online communication and social media posts and comments.
- That the Queensland Government conducts a review within 24 months of the commencement of the Bill to ensure the offences to which the circumstance of aggravation apply are adequate, with particular consideration to sexual offences and property crimes such as graffiti.
- That the Queensland Government conducts a review within 24 months of commencement to consider the impact of the amendments on First Nations peoples.
- That the Queensland Government monitors the operation of the test in the prohibited symbols offence to ensure it is appropriate.
- That the Queensland Government ensures adequate culturally appropriate education and training on the new offences for the Queensland Police Service, the Office of the Director of Public Prosecutions, judicial officers and the public.
- That the Queensland Government commences a program of collecting accurate data in relation to serious vilification and hate crimes to ensure the effectiveness of the amendments.
Committee report tabled
▸Second Reading10 Oct 2023View Hansard
▸33 members spoke27 support3 oppose3 mixed
Strongly supported the bill as a former attorney-general who helped develop the reforms, citing consultations with multicultural communities and the need to protect diverse Queenslanders from hatred and bias.
“Hatred and bigotry in all their forms must be called out and stamped out at every opportunity. This bill is an opportunity for all of us to commit to that.”— 2023-10-12View Hansard
Supported the bill while raising concerns about the ministerial power to proscribe symbols by regulation rather than legislation, and the subjective test for the prohibited symbols offence. Emphasised the importance of education alongside legislation.
“While the opposition will support this bill, we make it clear that the answer is not solely in passing more and more restrictive legislation on the freedom of speech.”— 2023-10-11View Hansard
As the responsible minister, introduced and commended the bill to strengthen Queensland's hate crime and vilification laws by removing prosecution barriers, increasing penalties, creating aggravated offences for hate-motivated crimes, and banning prescribed hate symbols.
“This bill represents the Palaszczuk government's—our government's—deep commitment to call out and eliminate hate and prejudice and represents a vital step for Queensland in supporting our diverse communities.”— 2023-10-10View Hansard
Spoke in favour of the bill, drawing on his experience as former shadow minister for multicultural affairs and his friendship with Holocaust survivor George Stein, emphasising that symbols of hate carry intent and meaning.
“This is not tokenistic. This is not a bill that is simply a tick-a-box routine. This is a bill that absolutely matters.”— 2023-10-12View Hansard
As committee chair, outlined the bill's implementation of committee recommendations and supported the reforms. Highlighted the need for better monitoring of social media and big tech in combating hate speech.
“It may be true that morality cannot be legislated but behaviour can be regulated. It may be true that the law cannot change the heart but it can restrain the heartless.”— 2023-10-11View Hansard
Outlined the history and scope of the bill flowing from the Legal Affairs and Safety Committee inquiry, noting the government's support for all 17 recommendations. His speech was cut short by adjournment but expressed no opposition to the bill's intent.
“An additional objective identified through consideration of the LASC report is to increase the maximum penalty for the offence under section 131 of the AD Act. The increase to the maximum penalty of three years reflects the seriousness of this type of offending and the community's denunciation of such conduct.”— 2023-10-10View Hansard
Supported the bill as a migrant son who experienced racial hate and discrimination growing up, arguing that criminalising hate speech and symbols demonstrates society values respect and dignity over hatred.
“As a migrant son who has lived through some of the challenges of our country's past, this is without doubt a momentous step in ensuring that the Queensland community is seen in the eyes of world as a place of acceptance and unity.”— 2023-10-12View Hansard
Supported the bill as committee deputy chair but raised concerns that disability was not included as a protected attribute, and that the power to proscribe symbols should be by legislation not regulation.
“I love our diverse communities and I want to see them protected from discrimination, vilification and hate. There is no place in our community for people being vilified simply because of their race, religion, gender, sexual orientation or nationality.”— 2023-10-11View Hansard
Opposed the bill on freedom of speech grounds, arguing it weakens fundamental rights that forebears fought for and citing the Queensland Council of Civil Liberties on supporting free speech even for those you disagree with.
“The KAP will be opposing this bill as it is a threat to our freedom of speech and expression.”— 2023-10-12View Hansard
Supported the bill, emphasising that differences in the community need protection and that the prohibition of hate symbols is particularly welcome. Argued that hatred based on ignorance must be held to account.
“This bill will hold haters to account, and for that reason I commend it to the House.”— 2023-10-11View Hansard
The Greens support the bill but expressed concern that it takes a purely carceral approach rather than a comprehensive social response, calling for independent police oversight and a whole-of-society approach to tackle far-right extremism.
“I very much welcome this bill as a first step. I implore the government to do all that it can to fully stamp out vilification and hate crimes in Queensland.”— 2023-10-12View Hansard
Supported the bill's intent but filed a statement of reservation, arguing the bill should have fully implemented all original report recommendations including expanded protected attributes. Raised concerns about symbols being proscribed by regulation rather than legislation.
“This bill may not address everything that needs to be addressed; however, it is a start.”— 2023-10-11View Hansard
Supported the bill as a Torres Strait Islander woman who has experienced vilification firsthand, arguing everyone deserves the right to feel safe regardless of background.
“It should not matter who you are. It should not matter where you come from, where you live or what you look like, and it certainly should not matter what you believe, think or do because every person deserves the right to feel safe in their home and community.”— 2023-10-12View Hansard
Supported the bill as a committee member, highlighting the rise of extremism since COVID-19 and the importance of relocating vilification offences to the Criminal Code to signal their seriousness.
“Thanks to this government, Queensland now has some of the strongest responses to prevent and respond to hate crime and vilification.”— 2023-10-11View Hansard
Supported the bill, highlighting the multicultural character of the Mackay region and condemning cowardly acts of hate including masked men burning Aboriginal flags and giving Nazi salutes.
“I cannot imagine what the stress of living with vilification and hatred might be, so I call on everyone to join in and vote for this bill.”— 2023-10-12View Hansard
Acknowledged positive elements of the bill including relocation of the vilification offence and circumstances of aggravation, but raised substantial concerns about the subjective test for the prohibited symbols offence and the ministerial regulation power rather than parliamentary determination.
“I consider that a better option would be to have symbols determined as hate symbols by a supermajority of this House, not merely by regulation.”— 2023-10-11View Hansard
Supported the bill as a former Legal Affairs and Safety Committee member involved in the original inquiry, while expressing concern that disability and age were not included as protected attributes.
“Serious vilification, hate crime, cannot continue, cannot be condoned and cannot be seen to be occurring in Queensland. We are better than that. We really are.”— 2023-10-12View Hansard
Supported the bill, sharing a personal account of racist abuse experienced by a local soccer team with refugee players. Argued the bill addresses the danger of dehumanising language taking hold in communities.
“I cannot protect my community from having people think these thoughts, but we can protect members of our marginalised communities from people being allowed to say them.”— 2023-10-11View Hansard
Supported the bill, highlighting the multicultural makeup of Mansfield including a Jewish day school, a large mosque, and diverse communities that have been targets of hate crimes.
“Hate crimes have no place in the Mansfield electorate and no place in Queensland.”— 2023-10-12View Hansard
Reaffirmed the LNP's support for the bill while noting concerns about potential overreach in the prohibited symbols provisions. Stressed the need for laws to be enforced fairly and impartially.
“It is therefore crucial that these laws are enforced and exercised fairly and impartially, maintaining an appropriate balance between protecting individuals from hate speech and preserving the right to express unpopular or controversial opinions.”— 2023-10-11View Hansard
Supported the bill as someone who has experienced racism, emphasising that the amendments will enable real action with serious consequences against vilification in his diverse Bundamba community.
“I know that the amendments contained in this bill will result in real action being able to be taken, with much more serious consequences, for those few people who choose to engage in heinous vilification of and hate crimes against members of our Bundamba community.”— 2023-10-12View Hansard
Supported the bill, arguing that freedom of speech does not override freedom from discrimination and vilification. Highlighted that only five charges had been laid for serious vilification since 2021 under the existing framework.
“Put simply, freedom of speech does not override a person's freedom from discrimination and vilification.”— 2023-10-11View Hansard
Offered the opposition's support for the bill, describing it as an important marker setting a line in the sand where freedoms must be balanced with responsibility and tolerance.
“That is why the opposition offers its support for the bill tonight.”— 2023-10-12View Hansard
Supported the bill as shadow minister for multiculturalism, noting the impact of discrimination on individuals and communities. Raised concerns about certain provisions including the ministerial power over prohibited symbols.
“Hatred, prejudice and discrimination have no place in our community, and this bill signifies a meaningful stride toward building a more inclusive and harmonious Queensland.”— 2023-10-11View Hansard
As the minister responsible, replied to the second reading debate, thanking members for their contributions, explaining the operation of key provisions including the prohibited symbols framework, and acknowledging stakeholder input.
“There is absolutely no place for vilification and hate crimes in Queensland. The Palaszczuk government is committed to strengthening our laws to ensure our diverse communities have that protection.”— 2023-10-12View Hansard
Supported the bill, sharing experiences of visiting a local mosque and synagogue after hate incidents. Emphasised the importance of the legislation's capacity to evolve as new hate symbols emerge.
“Words matter. Symbols matter. They can unite us. They can divide us.”— 2023-10-11View Hansard
Opposed the bill, arguing it is dangerous and will have a chilling effect on free speech. Criticised the subjective test for hate crimes, the reversal of onus of proof, the ministerial power to ban symbols by regulation, and the potential for mission creep.
“I believe that this is a dangerous bill. It will have an incredibly chilling effect on not only people's speech but their thoughts as well.”— 2023-10-11View Hansard
Supported the bill, sharing accounts from multicultural community leaders in his electorate. Highlighted the former member Duncan Pegg's advocacy for stronger vilification laws following an Islamophobic incident in Sunnybank Hills.
“These changes do not unfairly or unreasonably affect people's free speech. Ultimately, everyone accepts some limitations on speech.”— 2023-10-11View Hansard
Supported the bill as a former police officer, welcoming the removal of Crown Law consent requirements which had impeded police action. Emphasised the importance of education and community empowerment alongside legislative change.
“We on the LNP side of the House certainly do not condone in any way, shape or form vilification and agree that it should be called out, and education around these issues is a vital part of the solution.”— 2023-10-11View Hansard
Supported the bill after examining constituent concerns raised via an Australian Christian Lobby petition. Argued the petition and the member for Mirani misrepresented the bill's scope, noting it requires both incitement of hatred and threatening of physical harm.
“No-one could object to the four things we are addressing in this bill. It is bad enough when a person assaults someone. If they are motivated for reasons of serious racial or religious discrimination we should address that.”— 2023-10-11View Hansard
Opposed the prohibition of hate symbols as a blanket ban on content, arguing it undermines free speech. Cited the Queensland Council for Civil Liberties and argued that banning symbols pushes hateful views underground rather than enabling open debate.
“Like I said, I think the right to free speech should be protected. If things are going to offend people, I think they should be allowed to offend people.”— 2023-10-11View Hansard
Supported the bill, sharing personal experiences of anti-Greek discrimination growing up in Australia. Argued the bill strikes the right balance between freedom of expression and protection from hate, and welcomed the prohibition of hate symbols.
“I believe that the proposed new section 52D strikes the right balance between these competing rights.”— 2023-10-11View Hansard
Supported the bill as representing one of Queensland's most multicultural electorates. Shared examples of hate incidents targeting the Gold Coast Islamic community and praised local multicultural organisations for promoting diversity.
“Any step we take towards reducing vilification and hate in our state is a crucial step towards promoting a more inclusive and safe society.”— 2023-10-11View Hansard
▸In Detail12 Oct 2023View Hansard
Administrative amendment to validate the appointment of the Inspector of Detention Services under the Ombudsman Act 2001 from 9 December 2022 to 28 September 2023, inserting new Part 3A into the bill.
Consequential amendment to the long title to include reference to the Ombudsman Act 2001.
That the amendment be agreed to
Vote on an amendment to the Criminal Code (Serious Vilification and Hate Crimes) and Other Legislation Amendment Bill during consideration in detail, which passed with government support 48-35.
The motion passed.
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Ayes (48)
Noes (35)
That the amendment be agreed to
Vote on the minister's amendment to the Environmental Protection bill's schedule, a minor technical correction removing a reference to subsection (2).
The motion passed.
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Ayes (49)
Noes (30)
▸1 clause vote (all passed)
Vote on clause 105
Vote on whether to retain the executive officer liability provision (clause 105) of the Environmental Protection bill, which the LNP and crossbench opposed because it widened liability for company directors even after leaving office, while the government and Greens supported it to ensure accountability for environmental harm.
The clause was kept in the bill.
A vote on whether a specific clause should remain in the bill as written.