[Greens-Media] Tas Greens_Move on Racial Vilification Law Reform_N McKim MP

[greens at parliament.tas.gov.au]

MOVE ON RACIAL VILIFICATION LAW REFORM INQUIRY

Nick McKim MP
Greens Leader

Wednesday, 26 August 2009
Contact: State Parliamentary Offices of the Tasmanian Greens, (03) 6233
8300

www.tas.greens.org.au


The Tasmanian Greens today called for the Attorney-General to establish
an appropriately funded review by the Tasmanian Law Reform Institute
(TLRI) into the State's current racial vilification laws and investigate
the potential expansion of those provisions to enable breaches to be
treated as criminal offences.

Greens Leader and Justice spokesperson Nick McKim MP said that while
racial vilification is unlawful under the Tasmanian Anti-Discrimination
Act 1998, there are only civil remedies provided for not criminal
sanctions, which does not provide a framework for Tasmania police
officers within which they can intervene on the ground to prevent racial
vilification from escalating into violence.

Mr McKim said that the Law Reform Institute review should include the
following:

1. Examine possibilities such as amending the Anti-Discrimination Act
1998 or the Criminal Code 1924. Alternatively, investigate the
possibility of a new Act; 

2. Examine the measures taken both within Australia and internationally
(for example, in the United Kingdom, Canada and the European Union), to
identify possible measures that could be adopted in Tasmania; 

3. Investigate the possibility of amending sentencing provisions to
provide for increased penalties where vilification is a demonstrable
element of an offence (a measure currently being investigated in other
jurisdictions).

"Last month I wrote to the Attorney-General requesting that she fund a
Law Reform Institute review into the fact that while racial vilification
is currently unlawful in Tasmania, only civil remedies are available and
not criminal sanctions, yet I have still not had a response," Mr McKim
said.  

"In comparison the Australian Law Reform Commission has found that
Western Australia makes racial vilification a criminal offence, while
Victoria, South Australia, Queensland, New South Wales, and the ACT
treat it as both a civil and criminal offence."

"The Greens believe that Tasmania is not a racist place but we need to
ensure that our laws reflect the tolerance expected by our community."




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