This state has just introduced new religious vilification laws. Offenders face a $100,000 fine

NSW's anti-discrimination act has been amended to make it unlawful to abusively disparage any person or group in speech or writing over their religion.

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The changes make it illegal by a public act to incite hatred or serious contempt or to severely ridicule a person or group because of their religious belief, affiliation or activity. Source: AAP / Getty

Key Points
  • Amendments add to legislation that bans vilification on the grounds of race, homosexuality, transgender status and HIV/AIDS status.
  • Complaints will go to Anti-Discrimination NSW, to be dealt with through conciliation.
  • If a complaint is substantiated, the tribunal may order an apology or damages of up to $100,000.
People in NSW can now be fined up to $100,000 if they religiously vilify someone, with the government amending existing anti-discrimination laws.

The changes make it illegal by a public act to incite hatred or serious contempt or to severely ridicule a person or group because of their religious belief, affiliation or activity. Vilification is defined as abusively disparaging speech or writing.

Premier Chris Minns said it was an important election promise to fulfil.

"The NSW government supports a peaceful, multicultural society. There cannot be room for hatred which sows the seeds of mistrust and intolerance," he said on Sunday.
NSW Premier Chris Minns in a black suit and blue tie.
Chris Minns says abusing people on religious grounds threatens the "multi-ethnic heart of NSW". Source: AAP / Dan Himbrechts
Religious vilification has become a hot-button issue since the Hamas-Israel war across the state, particularly in Sydney.

The premier said abusing people on religious grounds "threatens the thriving, tolerant, multi-religious and multi-ethnic heart of NSW".

"We must all champion community harmony and togetherness, and choose peace and solidarity over hatred and division," he said.

The amendments add to existing legislation that bans vilification on the grounds of race, homosexuality, transgender status, and HIV/AIDS status.
Attorney General Michael Daley said the new laws were essential to reflect Australia's changing society.

"The make-up of our society has changed since the anti-discrimination act became law and we have enacted legislation that reflects and protects our modern society," he said.

Complaints will go to Anti-Discrimination NSW, to be dealt with through conciliation. Complaints can also go to the NSW Civil and Administrative Tribunal in certain circumstances, and if a complaint is substantiated, the tribunal may order an apology or damages of up to $100,000.
NSW Minister for Multiculturalism Steve Kamper said the government worked closely with religious organisations and community advocacy groups to get the legislation right.

"This much-needed legislation will provide our faith communities with similar protections provided to members of diverse and multicultural communities," he said.

The ACT, Northern Queensland, Tasmania, Victoria, and Western Australia all have laws relating to discrimination on the basis of religion, religious conviction, religious belief or religious activity, according to the Australian Human Rights Commission.

Discrimination on the basis of religious dress or appearance in work or study can be unlawful in South Australia.

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Published 12 November 2023 5:40pm
Source: AAP, SBS



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