Understanding the Racial and Religious Tolerance Act

The Racial and Religious Tolerance Act 2001 was amended in May 2006. Changes to the Act are reflected in this information.

What is the Racial and Religious Tolerance Act?

The Racial and Religious Tolerance Act prohibits racial and religious vilification.

The Act promotes racial and religious freedom; it supports the right of all people to be treated with dignity and respect. The purpose of the Act is to prevent people from inciting hatred, serious contempt, revulsion or severe ridicule of others because of their race or religion. The Act provides a community standard about how we behave towards each other in a modern multicultural society.

The Racial and Religious Tolerance Act deals with behaviour not beliefs. Incitement is more than just merely holding a view or expressing an opinion, it is the encouragement or promotion of hatred towards others. The promotion of hatred requires some action that has the effect of encouraging others to also hate.

What is vilification?

Vilification is public behaviour that incites hatred against, serious contempt for, or revulsion or severe ridicule of, another person or group of people because of their race or religion. The type of behaviour covered by the Act includes statements made at meetings, in publications and on the Internet. At worst, vilification can lead to people expressing their hatred through physical violence towards others.

The Act also prohibits ?serious vilification?, which includes intentional intimidation, threats of physical harm, damage to property or the intentional incitement of others to do this. Serious vilification is the most serious form of vilification and is a criminal offence subject to six months of imprisonment, a $6,000 fine, or both. All criminal offences are handled by the Victoria Police.

Vilification is serious behaviour

The Act deals only with serious behaviour which encourages others to hate a person or group of people because of their race or religion. The Act deals with public behaviour. Personal opinions or feelings of hatred against individuals or groups because of their race or religion are not covered by the Act.

Racially stereotyping comments, off-hand remarks or racist jokes are unlikely to be considered as vilification. For example, calling someone a ?whingeing Pom?, a ?happy clapper? or a ?towel head?, or telling a religious joke may be offensive but would not on its own be considered as vilification.

Similarly, discussing and debating issues such as immigration, multiculturalism or Aboriginal land rights is also unlikely to be considered as vilification.

There are exceptions under the Act that cover the work of artists, performers, journalists, academics and scientists, as long as that work is conducted in good faith. In many instances, the publication or performance of artistic works that include cultural or ethnic stereotypes are not likely to be considered as vilification.

How the Equal Opportunity Commission Victoria handles complaints of vilification.

People who believe they have been subjected to racial or religious vilification can make a complaint to the Equal Opportunity Commission Victoria. The Commission will help resolve the complaint through a conciliation process that is confidential, impartial, free and simple.

The Commission is not a tribunal or court. Its role is to investigate the complaint and if it has substance, and a resolution is likely, the Commission will refer the matter for conciliation. The outcome will be negotiated and agreed by the people involved. The Commission does not prosecute, make judgments, impose outcomes or award compensation.

People who make complaints to the Commission about vilification must demonstrate how the behaviour directed towards their race or religion could prompt others to feel hatred, serious contempt, revulsion or severe ridicule against their race or religion.

The Commission will decline complaints that it determines to be frivolous, vexatious, misconceived or lacking in substance.

The role of the Victorian Civil and Administrative Tribunal (VCAT) in dealing with the Racial and Religious Tolerance Act

If a complaint of vilification is not resolved through the conciliation process in the Commission, the person making the complaint can ask the Commission to refer the matter to VCAT for a hearing.

In the event the Commission declines a complaint, the complainant may themselves make an application to VCAT for a hearing. VCAT will decide on the basis of the written application, whether the case has merit and should go to a hearing. In most cases the people involved in the complaint will only have to attend VCAT if a hearing proceeds.

VCAT has the authority to order a stop to vilifying behaviour, or provide redress to the person or group of people who have been subjected to vilification. For example, VCAT can order someone found to have vilified others to make a public apology or pay compensation.

The cost of making or defending a complaint

Complaint resolution at the Equal Opportunity Commission Victoria is free and there is no need for a lawyer. Complaints heard at VCAT may be subject to legal costs.

Why we need the Racial and Religious Tolerance Act

By making racial and religious vilification against the law, we make a powerful statement about what is and isn?t acceptable. For example, sexist language is heard less frequently today because it is socially unacceptable. Sexual harassment is no longer tolerated as acceptable behaviour in the workplace because sex discrimination laws have led the way in changing these behaviours. People may still think sexist thoughts to themselves but the law and the social disapproval which has followed from the law means they are less likely to act on it.

Promoting racial and religious tolerance

Victoria is Australia?s most multicultural state with 180 different languages and dialects spoken and 116 religions followed. Acceptance and respect among different racial and religious groups is essential in order to maintain social harmony and productivity.

Vilifying others because of their race or religion is undemocratic and prevents people from participating equally in society. Racial and religious hatred causes serious emotional and psychological effects and can lead to physical violence, civil unrest, war, or genocide. The Racial and Religious Tolerance Act demonstrates that in Victoria we are committed to the values of social cohesion and respect for all racial backgrounds and religious beliefs.

Protecting religious freedom

As citizens of a secular country, with no official religion, Australians value religious freedom. We believe that people are entitled to hold and practise their beliefs as long as they do not break the law.

The Racial and Religious Tolerance Act reflects these values by ensuring that people are free to go about their daily lives without being subjected to vilification because of their religious beliefs. The Act promotes religious freedom by treating each religion equally. It offers a community standard about how we behave towards each other in a modern multicultural society.

The Act supports our diverse society, where all people can practise and promote their religion or express their views as long as it occurs in a reasonable and fair manner. Under the Act, religious groups are free to evangelise and proselytise as long as they do so without inciting hatred of those who follow differing religious beliefs.

The Act requires that debates promoting the merits of one religion over another be conducted reasonably and fairly. Dishonest selectivity and the presentation of extremist views which demonise another religion and raise fears about it may be considered as vilification.

The Racial and Religious Tolerance Act has strong community support

The Racial and Religious Tolerance Act was subjected to wide community consultation and debate before it was introduced. The Bill enjoyed cross-party political support when it was introduced. A survey of 650 people conducted before the introduction of the Act found strong community support for the law. The survey revealed that about three out of four (80%) people backed the law because it promoted tolerance.

Freedom of speech

Vilification is the abuse of free speech. The Racial and Religious Tolerance Act encourages respectful speech.

Free speech should not be used as an excuse to incite racial or religious hatred. Free speech is important but not more important than our other rights.

The right to free speech is not absolute anywhere in the world. In Victoria, the Racial and Religious Tolerance Act limits absolute freedom of speech in the same way that many other Australian laws do including those dealing with defamation, copyright, obscenity, censorship and incitement to violence.

A study conducted following the introduction of the Racial and Religious Tolerance Act found that only 15% of those surveyed believed that their right to freedom of speech had been compromised by the law.