Inquiry into Anti-Vilification Protections

This submission will focus upon the impact of vilification on people who are lesbian, gay, bisexual,
trans and gender diverse, queer, and people born with variation in sex characteristics (LGBTIQ).
There is a wealth of information – in the form of both studies and anecdotal evidence – to
demonstrate that LGBTIQ people experience a significant and unacceptable level of vilification and
abuse in their daily lives. The examples shared with us by members of the LGBTIQ community and
set out in this submission provide current and real-life examples to justify greater protection for this
community under Victoria’s anti-vilification laws.

Summary of recommendations
Recommendation 1: That s 8 of the RRTA Amendment Bill be amended so that s 3A(f) of the
Principal Act include “gender expression or gender identity” as a protected attribute.
Recommendation 2: That s 7 of the RRTA Amendment Bill be amended to define “gender
expression” and “gender identity” as per the Tasmanian Anti-Discrimination Act 1998 (Tas), as
follows:
     gender expression means any personal physical expression, appearance (whether by way of medical
     intervention or not), speech, mannerisms, behavioural patterns, names and personal references that
     manifest or express gender or gender identity;

    gender identity means the gender-related identity, appearance or mannerisms or other gender-
    related characteristics of an individual including gender expression (whether by way of medical
    intervention or not), with or without regard to the individual's designated sex at birth, and may
    include being transgender or transsexual;

Recommendation 3: subject to the amendments in recommendations 1 and 2, that the categories of
protected attributes in s 8 of the RRTA Amendment Bill be passed into law.

Recommendation 4: That the test for vilification be amended to include conduct that
a reasonable person would consider hateful, seriously contemptuous, or reviling or seriously
ridiculing of a person or a class of persons.

Recommendation 5: Alternatively to recommendation 4, that the test for vilification be amended to
include conduct that is “likely to” incite hatred against, serious contempt for, or revulsion or severe
ridicule of, a person or class of persons, as per s 10 of the RRTA Amendment Bill.

Recommendation 6: That the amendments to the offence of serious vilification contained in s 18 of
the RRTA Amendment Bill be passed into law.

Recommendation 7: Reinstate VEOHRC’s powers under the EOA to conduct public inquiries and
issue compliance notices.

Recommendation 8: Give VEOHRC the power under the RRTA Amendment Act to undertake own
motion reviews and public enquiries.