Victorian government ditches controversial political purpose defence but opposition still opposes the bill

The Victorian opposition has continued to oppose the Allan Labor government’s proposed anti-vilification laws, despite the government ditching its contentious political purpose defence.

Victorian Premier Jacinta Allan. Picture: NewsWire / Andrew Henshaw.

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The Victorian opposition has continued to oppose the Allan Labor government’s proposed anti-vilification laws, despite the government ditching its contentious political purpose defence.

Labor’s proposed laws, which were introduced into the parliament in November, aim to strengthen the state’s existing anti-vilification legislation, including by introducing new criminal offences for instances of serious vilification, some of which would be subject to a penalty of up to five years’ imprisonment.

On Tuesday, the government announced it would amend its bill following community concern about its proposed “genuine political purpose” defence, which was designed to protect free speech.

The government will also expand a proposed religious purpose exemption to include preaching and proselytising.

Opposition legal affairs spokesman Michael O’Brien welcomed the amendments, stating that the political purpose defence would have provided a “green light to bigots”.

Victorian opposition legal affairs spokesman Michael O’Brien says the opposition would not back ‘bad law’. Picture: David Crosling / NewsWire

However, he said the opposition would continue to oppose the government’s bill due to remaining concerns over its civil harm provisions.

Mr O’Brien called on the government to drop its proposed changes to civil protections, which he said were “unclear” and would clog up the courts.

“The problem is that the civil harm provision takes a subjective view of harm; it isn’t what the reasonable person would believe to be harmful,” Mr O’Brien said.

“I’ve called on the government, if it wants to be genuinely bipartisan, to drop the civil provisions over which there is dispute. Let’s just agree to unite in a bipartisan way and get changed criminal sanctions through the parliament.”

While he acknowledged the importance of introducing the proposed criminal offences given the recent rise in anti-Semitism, Mr O’Brien said the opposition was not going to back “bad law”.

“We’re not going to vote for bad legislation because it has good aspects to it,” he said.

“When law is unclear and uncertain, it’s unfair.”

On Tuesday, Victorian Premier Jacinta Allan said the bill was “so important” and called on the opposition to provide its support.

“It is so concerning to see the rise in hate in our society,” she said. “Why isn’t the Liberal Party standing with so many in our community who … not just want to see an end to this hate and evil and vilification, but where it occurs, make sure that we are using every tool to stamp it out.”