Racial vilification: framework for reform

5/8/04
Criminals who carry out racist attacks will be jailed for up to 14 years under the State Government's framework for overhauling our racial and religious vilification laws.
Premier Geoff Gallop said he would waste no time in immediately putting the consultation paper's key proposal on racial vilification to Cabinet, with a view to taking legislation to Parliament that would significantly toughen the Criminal Code.
Dr Gallop was joined by community leaders representing some of the races and faiths that have in the past been the target of racially motivated attacks as he unveiled his vision for racial vilification law reform.
At the forefront of the vision was creating new legislation within the Criminal Code for a two-tiered racial vilification offence structure.
The first, tougher tier would involve the insertion into the Criminal Code of an offence of serious racial vilification which would attract a maximum jail term of 14 years instead of the current two, and outlaw the publication, distribution or display orally, written or pictorially of material that was threatening or abusive and intended hatred or contempt or ridicule.
While the case for amending the Criminal Code in terms of racial vilification is clear cut, based on the experiences of other States, it is anticipated that there may be some difference in community views about including religious vilification. The Government is keen to get community feedback on the consultation paper about this point.
The creation of a new offence for the publication of material that incites racial hatred and where intent need not be proved would form the second tier of the new system. This would attract a jail term of up to five years.
This second tier would make it much easier to secure a criminal conviction in less serious cases by removing the difficult 'to prove' element of intent.
"The recent spate of racist attacks has made it painfully clear that there is an element within our community that thrives on hatred and it has become increasingly obvious that the current penalties do not provide sufficient deterrent for this ignorant minority," the Premier said.
"We need to make sure these people are thwarted in their evil ways and punished for their actions and I believe this is a sensible, strong message to send out to the community from all of us here today: This type of behaviour will simply not be tolerated."
The consultation paper also looks at creating a civil remedy for racial and religious vilification to complement the Criminal Code. This would allow complainants to initiate their own action and to claim damages and requires a significantly lower burden of proof than a criminal offence.
Dr Gallop said the reforms had been developed as part of the State Government's commitment to implement legal and practical strategies to address racism in all its forms, and followed suggestions by the Premier's Anti-Racism Steering Committee, and significant input from the Equal Opportunity Commission.
"Vilification means to intimidate, malign, abuse or make derogatory and contemptuous comments about other people or other groups based on their race, ethnicity or religious beliefs," he said.
"In recent times this has been manifest in fire bombing of properties, racist posters, graffiti and slogans which have humiliated and intimidated many Western Australians.
"Stronger legislative measures, including broadening and re-defining provisions in the current Criminal Code, are needed to enable more effective protection for individuals and groups."
The Premier said that it was important for the community to provide feedback on the legislative options to ensure that the option most suitable to the needs of Western Australians is incorporated in legislation.

The consultation paper on 'Racial and Religious Vilification Legislation' can be downloaded from the OMI website at http://www.omi.wa.gov.au or the EOC website at http://www.eoc.wa.gov.au or a copy can be obtained by contacting the Office of Multicultural Interests (telephone 9222 8800) or the Equal Opportunity Commission (telephone 9216 3900).
Premier's office: 9222 9475