The Criminal Code Amendment (Hate Crimes) Bill 2024 would amend the Criminal Code Act 1995 to strengthen and enhance Australia’s legislative framework to combat increasing prevalence of hate speech and hate crimes, and promote community respect and understanding.

The committee found that the amendments made by the Bill are sadly necessary and was satisfied that the Bill does not suppress freedom of speech that is not violent or forceful. It recommended that the Senate pass the Bill with minor recommendations.

Key issues examined from the submissions and evidence included:

• in relation to urging force or violence:
  − the expanded list of protected attributes
  − the reduced fault element
  − the defence for acts done in good faith.
• in relation to public displays of prohibited hate symbols, the omission of ‘disability’ as a protected attribute
• in relation to threatening force or violence, the threshold for the second fault element
• human rights concerns, hate speech and anti-vilification laws.

Recommendations

1. Amend Schedule 1 of the Bill to include ‘disability’ as a protected attribute.
2. Progress amendments to extend the criminal offences in the Criminal Code Act 1995 to include urging violence or threats of violence being directed at associates of protected groups.
3. Consider establishing a national hate crimes database.
4. That the Senate passes the Bill when Parliament returns in 2025.