Should vilification complaints about race, religion, sex, sexuality, disability or gender identity be judged from a reasonable targeted-group member's viewpoint, not an ordinary reasonable person's?
Anti-vilification: the targeted-group test
Both houses · 4 votes
Background
Vilification means public conduct that is hateful or seriously contemptuous towards people, or reviles (abuses) or severely ridicules them, because of an attribute such as race or religion. The 2024 bill replaced the Racial and Religious Tolerance Act 2001. It extended vilification protections beyond race and religion to disability, gender identity, sex, sex characteristics and sexual orientation, and created criminal offences of inciting hatred (up to 3 years) and threatening harm (up to 5 years). Its new civil test — which leads to a complaint, not a criminal charge — asks whether a reasonable person with the targeted attribute would consider public conduct hateful, seriously contemptuous, reviling or severely ridiculing; there are good-faith exceptions for artistic, academic, religious, scientific and public-interest purposes. The Coalition moved to judge it by an ordinary reasonable person instead.
What each side said
Summarised from the debate in Parliament, with sources below.
For “agree”
Supporters said existing laws protected only race and religion and rarely worked, and that the harm test should be judged by someone from the targeted community: "whoever you love, you deserve to be safe in our state, free of hate" (Sonya Kilkenny, ALP, 20 Feb 2025). Legalise Cannabis said "It is not a prohibition of critique of ideas" (Rachel Payne, Council). The Greens, who had introduced their own bill, supported the civil test while warning the criminal offences could be misused against marginalised groups (Gabrielle de Vietri, 5 Feb 2025). Animal Justice also voted on this side.
For “disagree”
The Coalition said it supported adding the new groups but opposed the civil test judged from the view of a person with the attribute as uncertain and unfair, and moved to remove those words (Evan Mulholland, Liberal, Council); "This bill will make things worse, not better" (Michael O'Brien, Liberal). The Shooters objected to "the subjective part of it" (Jeff Bourman); One Nation said the laws threaten free speech (Rikkie-Lee Tyrrell), and the Libertarian and Moira Deeming (now Family First) also opposed the civil provisions.
How the parties voted
Across the linked votes below. Second and third readings count five times as much as other votes. Parties are in alphabetical order. How this is worked out
| Party | Record | Votes with a party position |
|---|---|---|
| Animal Justice | Consistently for | 3 of 3 |
| Greens | Consistently for | 3 of 4 |
| Labor | Consistently for | 4 of 4 |
| Legalise Cannabis | Consistently for | 3 of 3 |
| Liberal | Consistently against | 4 of 4 |
| Libertarian | Consistently against | 3 of 3 |
| Nationals | Consistently against | 4 of 4 |
| One Nation | Consistently against | 3 of 3 |
| Shooters, Fishers and Farmers | Consistently against | 3 of 3 |
The votes behind this question
Each vote (division) recorded in Parliament that this question is based on, in date order.
20 February 2025 · Legislative Assembly
Justice Legislation Amendment (Anti-Vilification And Social Cohesion) Bill 2024
- Question put
- Question — That this Bill be now read a second time, Government amendment Nos 1 and 2 be agreed to and the Bill be now read a third time — put.
- Result
- Question agreed to. Ayes 50, Noes 25.
- Matches “agree”
- An Aye vote
- Weight
- Strong: a second or third reading, counted five times
- Why it's linked
- Third reading (Assembly). Aye = support the bill; agree = Aye.
| Party | Aye | No | Position |
|---|---|---|---|
| Greens | 0 | 0 | Did not vote |
| Labor | 49 | 0 | Aye |
| Liberal | 0 | 17 | No |
| Nationals | 0 | 8 | No |
Independents, each counted on their own: Will Fowles (Aye)
Every name (Ayes 50, Noes 25) in the vote of 20 February 2025
Ayes (50)
Juliana Addison, Jacinta Allan, Colin Brooks, Josh Bull, Anthony Carbines, Ben Carroll, Anthony Cianflone, Sarah Connolly, Chris Couzens, Jordan Crugnale, Lily D'Ambrosio, Daniela De Martino, Steve Dimopoulos, Paul Edbrooke, Eden Foster, Will Fowles, Matt Fregon, Ella George, Luba Grigorovitch, Bronwyn Halfpenny, Katie Hall, Paul Hamer, Martha Haylett, Mathew Hilakari, Melissa Horne, Natalie Hutchins, Sonya Kilkenny, Nathan Lambert, Gary Maas, Alison Marchant, Kathleen Matthews-Ward, Steve McGhie, Paul Mercurio, John Mullahy, Pauline Richards, Tim Richardson, Michaela Settle, Ros Spence, Nick Staikos, Natalie Suleyman, Meng Heang Tak, Jackson Taylor, Nina Taylor, Kat Theophanous, Mary-Anne Thomas, Iwan Walters, Vicki Ward, Dylan Wight, Gabrielle Williams, Belinda Wilson
Noes (25)
Brad Battin, Jade Benham, Roma Britnell, Tim Bull, Martin Cameron, Annabelle Cleeland, Chris Crewther, Wayne Farnham, Sam Groth, Matthew Guy, David Hodgett, Emma Kealy, Tim McCurdy, Cindy McLeish, James Newbury, Danny O'Brien, Michael O'Brien, Kim O'Keeffe, John Pesutto, Richard Riordan, Brad Rowswell, David Southwick, Bridget Vallence, Kim Wells, Jess Wilson
Official record: Votes and Proceedings Nos 109 to 111 (LA-60-111-03)
1 April 2025 · Legislative Council
Justice Legislation Amendment (Anti-Vilification And Social Cohesion) Bill 2024
- Question put
- 12 JUSTICE LEGISLATION AMENDMENT (ANTI-VILIFICATION AND SOCIAL COHESION) BILL 2024 — Debate resumed on the question, That the Bill be now read a second time.
- Result
- Question agreed to. Ayes 22, Noes 17.
- Matches “agree”
- An Aye vote
- Weight
- Strong: a second or third reading, counted five times
- Why it's linked
- Second reading (Council). Aye = support the bill; agree = Aye.
| Party | Aye | No | Position |
|---|---|---|---|
| Animal Justice | 1 | 0 | Aye |
| Greens | 4 | 0 | Aye |
| Labor | 15 | 0 | Aye |
| Legalise Cannabis | 2 | 0 | Aye |
| Liberal | 0 | 12 | No |
| Libertarian | 0 | 1 | No |
| Nationals | 0 | 2 | No |
| One Nation | 0 | 1 | No |
| Shooters, Fishers and Farmers | 0 | 1 | No |
Every name (Ayes 22, Noes 17) in the vote of 1 April 2025
Ayes (22)
Ryan Batchelor, John Berger, Lizzie Blandthorn, Katherine Copsey, Enver Erdogan, Jacinta Ermacora, David Ettershank, Michael Galea, Anasina Gray-Barberio, Shaun Leane, Sarah Mansfield, Tom McIntosh, Rachel Payne, Aiv Puglielli, Georgie Purcell, Harriet Shing, Ingrid Stitt, Jaclyn Symes, Lee Tarlamis, Sonja Terpstra, Gayle Tierney, Sheena Watt
Noes (17)
Melina Bath, Jeff Bourman, Gaelle Broad, Georgie Crozier, David Davis, Moira Deeming, Renee Heath, Ann-Marie Hermans, David Limbrick, Wendy Lovell, Trung Luu, Bev McArthur, Joe McCracken, Nick McGowan, Evan Mulholland, Rikkie-Lee Tyrrell, Richard Welch
Official record: Minutes of the Proceedings Nos. 110, 111 and 112 (LC-60-110-01)
1 April 2025 · Legislative Council
Justice Legislation Amendment (Anti-Vilification And Social Cohesion) Bill 2024
- Question put
- Jaclyn Symes moved, That the Bill be now read a third time and do pass.
- Result
- Question agreed to. Ayes 22, Noes 17.
- Matches “agree”
- An Aye vote
- Weight
- Strong: a second or third reading, counted five times
- Why it's linked
- Third reading (Council). Aye = support the bill; agree = Aye.
| Party | Aye | No | Position |
|---|---|---|---|
| Animal Justice | 1 | 0 | Aye |
| Greens | 4 | 0 | Aye |
| Labor | 15 | 0 | Aye |
| Legalise Cannabis | 2 | 0 | Aye |
| Liberal | 0 | 12 | No |
| Libertarian | 0 | 1 | No |
| Nationals | 0 | 2 | No |
| One Nation | 0 | 1 | No |
| Shooters, Fishers and Farmers | 0 | 1 | No |
Every name (Ayes 22, Noes 17) in the vote of 1 April 2025
Ayes (22)
Ryan Batchelor, John Berger, Lizzie Blandthorn, Katherine Copsey, Enver Erdogan, Jacinta Ermacora, David Ettershank, Michael Galea, Anasina Gray-Barberio, Shaun Leane, Sarah Mansfield, Tom McIntosh, Rachel Payne, Aiv Puglielli, Georgie Purcell, Harriet Shing, Ingrid Stitt, Jaclyn Symes, Lee Tarlamis, Sonja Terpstra, Gayle Tierney, Sheena Watt
Noes (17)
Melina Bath, Jeff Bourman, Gaelle Broad, Georgie Crozier, David Davis, Moira Deeming, Renee Heath, Ann-Marie Hermans, David Limbrick, Wendy Lovell, Trung Luu, Bev McArthur, Joe McCracken, Nick McGowan, Evan Mulholland, Rikkie-Lee Tyrrell, Richard Welch
Official record: Minutes of the Proceedings Nos. 110, 111 and 112 (LC-60-110-03)
1 April 2025 · Legislative Council
Justice Legislation Amendment (Anti-Vilification And Social Cohesion) Bill 2024
- Question put
- Question — That the amendment be agreed to — put.
- Result
- Question negatived. Ayes 17, Noes 22.
- Matches “agree”
- A No vote
- Weight
- Normal
- Why it's linked
- Council committee vote on the Coalition amendment (EM25C No. 1) to judge the civil test by an ordinary reasonable person. Aye = ordinary-person test; agree = No.
| Party | Aye | No | Position |
|---|---|---|---|
| Animal Justice | 0 | 1 | No |
| Greens | 0 | 4 | No |
| Labor | 0 | 15 | No |
| Legalise Cannabis | 0 | 2 | No |
| Liberal | 12 | 0 | Aye |
| Libertarian | 1 | 0 | Aye |
| Nationals | 2 | 0 | Aye |
| One Nation | 1 | 0 | Aye |
| Shooters, Fishers and Farmers | 1 | 0 | Aye |
Every name (Ayes 17, Noes 22) in the vote of 1 April 2025
Ayes (17)
Melina Bath, Jeff Bourman, Gaelle Broad, Georgie Crozier, David Davis, Moira Deeming, Renee Heath, Ann-Marie Hermans, David Limbrick, Wendy Lovell, Trung Luu, Bev McArthur, Joe McCracken, Nick McGowan, Evan Mulholland, Rikkie-Lee Tyrrell, Richard Welch
Noes (22)
Ryan Batchelor, John Berger, Lizzie Blandthorn, Katherine Copsey, Enver Erdogan, Jacinta Ermacora, David Ettershank, Michael Galea, Anasina Gray-Barberio, Shaun Leane, Sarah Mansfield, Tom McIntosh, Rachel Payne, Aiv Puglielli, Georgie Purcell, Harriet Shing, Ingrid Stitt, Jaclyn Symes, Lee Tarlamis, Sonja Terpstra, Gayle Tierney, Sheena Watt
Official record: Minutes of the Proceedings Nos. 110, 111 and 112 (LC-60-112-06)
Sources
- EM
- Second reading (Anthony Carbines (speech incorporated; statement of compatibility on same page), 2024-11-27)
- Opposition (Michael O'Brien (Shadow Attorney-General; moved the reasoned amendment), 2025-02-05)
- Crossbench (Gabrielle de Vietri, The Australian Greens - Victoria)
- Crossbench (Tim Read, Greens (not in current members JSON; mapped as Greens in scripts/analyse.py FORMER list))
- News: ABC News (2025-02-04); The Spectator Australia (2025-03-14); The Conversation (2025-06-20)
- Full list: Sources tab (25 items).
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