Tasmanian Labor pledges to extend hate laws to transphobia and homophobia

The move, hailed by activists, would allow judges and magistrates to impose a tougher sentences for crimes motivated by transphobia, homophobia and potentially sexism.

Activists clash with police outside the Tasmanian Parliament as Equality Tasmania and LGBTQI+ supporters counter protest a Let Women Speak rally. Picture: Chris Kidd

Tasmanian Labor has vowed to extend race hate laws to also cover crimes motivated by transphobia, homophobia and potentially sexism.

The move would allow judges and magistrates to impose a tougher sentence on offenders motivated by such hatreds, and has been hailed by activists.

Labor justice spokeswoman Ella Haddad told The Australian the new provision would apply to violent and physical crimes, such as assault, and followed representations by Equality Tasmania.

“Our proposal would be to add other forms of hatred that can motivate violent crimes that can be considered by judges as an aggravating factor in sentencing,” Ms Haddad said.

“You could name up homophobia, transphobia, sexism … or it might make sense to include all of the protected attributes in the anti-discrimination act.”

The final form of the legislation would be determined by further consultation and subject to caucus approval.

She wanted to make the change “at the earliest opportunity”, but at least take it as policy to the coming state election, due in the next 24 months.

By amending the Sentencing Act, which allows racial hatred to be considered by the judiciary in sentencing, Ms Haddad says the change is a “safe pathway”.

“It’s not creating any new crime – it’s just allowing courts to consider hatred as a motivating factor for crime,” she said.

Labor MP Ella Haddad.

The reform could be attempted via a private member’s bill or as an amendment if the government sought to make its own changes to the act.

She hoped the Liberal government might support the change, given recent multi-party unity on legislation banning Nazi salutes and symbols.

Liberal Attorney-General Elise Archer is understood to be seeking advice on the reforms. Ms Archer left open the possibility of bipartisan support, but suggested she was yet to be fully convinced.

“We are always open to strengthening our laws should there be a case for it,” Ms Archer said. “(However) our sentencing laws already cover crimes motivated by hate on the basis of ­ethnicity, religion, sexual orientation, or other similar grounds, appropriately.

“If the Labor spokesperson has any actual evidence where the current laws are not appropriate, I would ask her to bring them to my attention as soon as possible.”

Equality Tasmania, which has been lobbying all sides of politics for the change, welcomed Labor’s stance, arguing the Sentencing Act needed strengthening.

“Allowing extra penalties for crimes motivated by racial hatred, but not hatred against LGBTIQA+ people, sends the message that anti-LGBTIQA+ hate is less serious and more acceptable,” said ET president Rodney Croome.

“When the law treats anti-LGBTIQA+ hatred less seriously than other forms of hatred, it has the effect of encouraging hatred against us.”

Women’s Speak Tasmania, a group of feminists opposed to some transgender law reforms, expressed concern any changes could be extended to include allegedly hateful speech, signage or writing.

“I think this is potentially much broader, in much the same way they are seeking to implement anti-vilification laws in Queensland and Victoria,” said group spokeswoman Isla MacGregor.

However, Ms Haddad and Mr Croome firmly rejected this, insisting the reform was solely related to violent crimes against person and property.