Vilification Offences (Vic)

In April 2025, the Victorian government passed legislation that makes it a serious offence to vilify another person on the basis of their race, religion, sexuality or other attributes. The changes, which will come into effect later this year, mean that penalties of up to five years imprisonment now apply to vilification offences, whereas previously the maximum penalty that applied was six months imprisonment. This page outlines the new serious vilification laws.

Legislation

The Justice Legislation Amendment (Anti-Vilification and Social Cohesion) Bill amends the Crimes Act 1948 and the Equal Opportunity Act 2010.

Reasons for the changes

In his Second Reading speech, Anthony Carbines said that there had been an alarming increase in incidents of hate speech and conduct. Carbines cites statistics revealing that there had been a 22% increase in antisemitic attacks, a 600% increase in Islamophobic attacks and that a 2024 survey found that 76 per cent of respondents had experienced racism in Australia.  

In 2021, there was a parliamentary inquiry into the effectiveness of anti-vilification protections. The enquiry found that hate and vilification were still rife and that the existing protections were inadequate for dealing with them. The new laws seek to strengthen protections as part of a suite of measures to address the increasing prevalence of hate crime in Victoria.

The new laws have been supported by the Jewish, Muslim, Hindu and Sikh communities as well as by advocates for women, the disabled and the LGBTIQ community. The Coalition opposed the Bill, saying that it would restrict people from honestly expressing views that a small minority found hurtful.  

Protected attributes

The amendments to the Equal Opportunity Act and Crimes Act 1958 protect the following attributes:

• disability
• gender identity
• race
• religious belief or activity
• sex
• sex characteristics
• sexual orientation
• personal association with a person with any of the above attributes.

Incitement

Under section 195N of the Crimes Act 1958, it will soon be an offence to:

• engage in conduct that is likely to incite hatred against, or serious contempt for, revulsion towards, or severe ridicule of another person or group of persons;
• on the ground of a protected attribute; and
• the person intends to incite hatred against, or serious contempt for, revulsion towards, or severe ridicule of another person or group of persons or believes that their conduct will probably incite hatred against, or serious contempt for, revulsion towards, or severe ridicule of another person or group of persons.

This offence is punishable by a maximum penalty of three years imprisonment.

Threatening harm or property damage

Under section 195O of the Crimes Act 1958, it will soon be an offence to:

• threaten physical harm towards a person or group or persons; or
• threaten to damage property or another person or group of persons; and
• do so on the basis of a protected attribute of the person or group; and
• the person intends that the person or a member of the group to believe that the threat will be carried out or thinks that the other person or a member of the group will probably believe that the threat will be carried out.

This offence is punishable by a maximum penalty of five years imprisonment.

Equal Opportunity Act

Unlawful vilification

Under section 102D of the Equal Opportunity Act 2010, a person must not engage in public conduct:

• that is engaged in because of another person or group’s protected attribute;
• that would be likely to be considered hateful, seriously contemptuous of, reviling or seriously ridiculing of another person by a reasonable person with the protected attribute.

Incitement

Under section 102E of the Equal Opportunity Act 2010, a person must not engage in public conduct that is likely to incite hatred against, serious contempt for, revulsion towards or severe ridicule of another person or group on the basis of a protected attribute.

A person may bring a complaint to the Equal Opportunity Commission about conduct contrary to section 102D or section 102E. The Commission will conduct dispute resolution between the parties to try to resolve the dispute.

A person may apply to the Tribunal in respect of a contravention of section 102D or section 102E regardless of whether they have complained to the Commission. After hearing evidence, the Tribunal may:

• Order that the person publish an apology or retraction
• Order that the person develop or implement a policy, training or program
• Order that the person remove material from an online publication.

The criminal provisions will come into effect in September 2025 and the civil ones in June 2026.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.