Inquiry into anti-vilification protections in Victoria

The outcome of the inquiry into anti-vilification protections in Victoria is now published in this report.

Among the important needs outlined in the report, we read that there is a need for:

  1. Improved public education and awareness campaigns to increase public knowledge of the anti-vilification framework and how it works.
  2. The provision of accessible, holistic and culturally appropriate support services. This includes, for example, mental health support and legal assistance.
  3. Address trust and outcome deficits experienced by many religious, racial and LGBTIQ+ groups, which prevent reporting to police. This includes the lack of confidence in the capacity of public institutions to respond to vilification. Examples of strategies to build trust: being responsive to all types of vilification, address issues of racial profiling.
  4. improving the availability of information and data about
    prejudice‑motivated crime would enhance public knowledge and awareness of these issues. The provision of regular reports would complement and feed into data collection and publicisation of vilification incidents. The Committee considers that strong data collection practices significantly contribute to improving Victoria’s ability to deal with prejudice‑motivated crimes.

Among other recommendations, the report calls the Victorian Government to:

  1. Enable a representative complaint to be made to the Victorian Equal Opportunity and Human Rights Commission without the need to name an individual complainant.
  2. Make the recording of prejudice‑motivated crime mandatory by Victoria Police officers. This requirement should be accompanied by sufficient training, resources and procedures, as well as the establishment of relevant guidelines and standards to ensure standardization of record keeping processes.
  3. strengthen education and training on responding to vilification and prejudice‑motivated crime. This could include comprehensive and ongoing education and training for police officers as well as members of the judiciary on serious vilification offences, sentencing provisions and investigating and prosecuting prejudice‑motivated crimes.
  4. implement third party (community‑led) reporting mechanisms in trusted community organisations as an additional avenue to report vilification and hate crimes to relevant authorities—the Victorian Equal Opportunity and Human Rights Commission and Victoria Police.
  5. work with agencies—including the Victorian Equal Opportunity and Human Rights Commission, Victoria Police, Victorian Crime Statistics Agency and the Victorian Civil and Administrative Tribuna —to develop a strategy to collect, monitor and regularly report government data on vilification conduct and prejudice‑motivated crime. Data should refer to outcome measures and indicators to monitor the effectiveness of legislation, programs and services in reducing vilification.

Also, the report recommend that the Victorian Equal Opportunity and Human Rights Commission and Victoria Police strengthen working relationships, information sharing and cooperation to ensure all reports or complaints about vilification are appropriately addressed. This should also include relevant peak and community organisations where appropriate to share research, data and information.