Do we need more laws to combat anti-Semitism?

CCTV footage of an anti-Semitic attack in Dover Heights. Picture: Supplied

There has been a surge of anti-Semitism in Australia, culminating in a cowardly act of violence on January 17 in the Sydney suburb of Dover Heights and the despicable torching of a childcare centre on Tuesday.

The NSW police are wrong to describe these as “hate crimes”. These are acts of terrorism that affect all Australians, not just members of the Jewish community.

This week the federal opposition has proposed mandatory minimum penalties for certain commonwealth offences as well as criminalising the urging or threatening of violence against places of worship.

Of course, federal parliament will need to be astute to ensure any mandatory minimum sentencing regime permits a court to depart from that regime in cases involving individuals with mental health issues or children who have been “groomed” by extremists to perform certain acts. The Prime Minister convened a national cabinet meeting to discuss these attacks.

Regrettably, while well-meaning, proposals for mandatory minimum penalties will not end such attacks. Australian and US studies have found mandatory sentencing does not act as a deterrent when it comes to offending. What will end these attacks is more complicated.

First, existing terrorism offences in Part 5.3 of the Commonwealth Criminal Code should be used to charge individuals who are apprehended for acts such as what occurred in Dover Heights. Prima facie, these attacks are plainly intended to advance anti-Semitic ideology and to intimidate.

Secondly, more resources and powers need to be provided to law enforcement agencies (including ASIO) to track down individuals responsible for committing these acts.

Thirdly, leaders of all religious faiths need to communicate clearly and unambiguously to the followers of their faith that controversies overseas cannot be used as an excuse for the exhibiting of hatred or violence.

This is not the time for mealy-mouthed words or silence. The hatred that has flowed into Australia from issues in the Middle East, encouraged by provocateurs, has to stop for the sake of all Australians.

I am neither Jewish nor Muslim. My Christian parents left the Middle East for a safer home here. What I do know is that this hatred can only be stopped by the communities that are being incited to hate each other. The hatred plays into the hands of the neo-Nazi cells here, such as the European Australian Movement and the National Socialist Network, which advocate a race war against Jews, Muslims, black people and migrants. An exemplar of this type of hatred manifested itself in the terrorist attack by a neo-fascist in Christchurch on March 15, 2019 that resulted in the murder of 51 people attending prayers at mosques.

ASIO director-general Mike Burgess has made it plain there are neo-Nazi cells in Australia and what they are prepared to do is of “grave concern to (ASIO) and should be of grave concern to all Australians”. Mr Burgess is right. That grave concern should lead our politicians and leaders of all religious faiths to speak with one voice to stamp out this criminal conduct. If there is any reluctance to do so, they should think of their children and grandchildren who may be caught up in the next attack. When a terrorist act is committed against any member of our community, Jewish, Muslim, Christian, Hindu or any other faith, it is a crime against all Australians.

Arthur Moses is a Sydney barrister, a former president of the Law Council of Australia and a former president of the NSW Bar Association.