Archbishop welcomes clarification on religious protections under proposed Victorian anti-vilification laws

Catholic Archbishop of Melbourne Peter A Comensoli has welcomed the Victorian Government’s clarification of intent that Victorians sharing their faith will continue to be protected under new laws introduced to parliament this week but will watch progress of the legislation closely.

The Justice Legislation Amendment (Anti-vilification and Social Cohesion) Bill 2024 seeks to strengthen Victoria’s anti-vilification laws. Changes include the repeal of the Racial and Religious Tolerance Act 2001, lowering the thresholds for vilification offences, creation of new vilification offences, extension of legal protections to a range of personal attributes beyond race and religion, and a change to the protection for things said and done for a religious purpose.

The Bill follows several years of public consultation in response to recommendations from the 2021 Victorian Parliamentary Inquiry into Anti-vilification Protections. It also occurs in the context of an alarming increase in religiously motivated attacks on members of the Jewish and Islamic communities.

In its submission to the government’s final consultation, the Catholic Archdiocese of Melbourne made clear that

At our core, we believe in the dignity of every human person—created in the image and likeness of God—and deserving of utmost respect ... Every attempt to incite violence or hatred against any member of the community must be rejected. Protections from vilification should include, but not be limited to, those with a religious belief.

Archbishop Comensoli stated that ‘The Catholic Church abhors vilification of any kind’ but, in responding to the government’s proposals, cautioned that laws attempting to address genuine vilification should avoid ambiguity and ‘language that creates confusion or that ends up causing more division in the community’. Efforts to lower the threshold for vilification offences, the Archbishop said, ‘must not stifle genuine discussion and acts done in good faith, particularly the sharing of religious beliefs by people of faith.’

The existing Racial and Religious Tolerance Act—which would be repealed—includes a protection from charges of vilification for things done or said reasonably and in good faith for a religious purpose, which could include ‘conveying or teaching a religion or proselytsing’.

In response to concerns raised by Archbishop Comensoli and other religious groups that the proposed changes could reduce religious freedom, the government has set out in parliament its intentions around the change to the definition of ‘religious purpose’.

It defines a religious purpose as including, but not limited to, worship, observance, practice and teaching. This amendment is not intended to limit the right to freedom of religion and belief and the exception will continue to capture proselytising as it relates to the observance or practice of a religion.

This contrasts with views expressed by the Victorian Equal Opportunity and Human Rights Commission in its submission to the 2021 inquiry that recommend this change as a ‘narrowing’ of the religious purposes protection.

With the Victorian Parliament finished for the year, the Bill is likely to be debated and scrutinised in parliament in the new year.