Expansion of hate speech laws in Victoria
The Victorian government has passed new laws1 to expand the scope of hate speech laws. The new laws amend the Crimes Act 1958 (Vic) and Equal Opportunity Act 2010 (Vic) to expand protection from vilification to people based on disability, gender identity, sex, sex characteristics or sexual orientation in addition to race and religious belief or activity. These new laws will replace the Racial and Religious Tolerance Act 2001 (Vic), with commencement of criminal and civil provisions coming into operation on 20 September 2025 and 18 September 2027 respectively, unless proclaimed earlier.
These laws introduce offences for serious vilification and inciting hatred and threatening physical harm or property damage on the basis of a person’s disability, gender identity, race, religious belief or activity sex, sex characteristics, sexual orientation, or personal association with a person with any of these attributes. Serious vilification includes a broad range of seriously hateful conduct. Prohibiting serious vilification is intended to protect the dignity and health of all people and promote full and equal participation in all social, political, economic and cultural aspects of public life.
The offence of inciting hatred carries a maximum penalty of three years imprisonment whereas the offence of threatening physical harm or property damage carries a maximum penalty of five years imprisonment.
Body corporates can be liable for offences under the new laws, and an officer of a body corporate can be guilty of an offence if they authorised or permitted the conduct or they were knowingly concerned in any way in the commission of the offence.
Additionally, there is a pathway for people to make a complaint about vilification to the Victorian Equal Opportunity and Human Rights Commission. There are exceptions that can apply, such as where conduct was engaged in reasonably and in good faith and:
- in the performance, exhibition or distribution of an artistic work;
- for any genuine academic, artistic, public interest, religious or scientific purpose; or
- reporting a fair and accurate report of any event or matter of public interest.
Conversion practice laws introduced in South Australia and New South Wales
Bans on conversion and suppression laws have come into effect in South Australia and New South Wales this month.
South Australia
As of 1 April 2025, it is a criminal offence in South Australia to engage in a practice directed to changing or suppressing the sexual orientation or gender identity of another person that causes serious harm.2 The maximum penalty is imprisonment for five years.
What is allowed?
The Conversion Practices Prohibition Act 2024 (SA) (SA Act) contains qualifications and exceptions which significantly narrow the scope of the offence. Specifically, the SA Act states that a conversion practice does not include:
- a health service or treatment provided by a registered health practitioner that:
- they have assessed as clinically appropriate in the registered health practitioner’s reasonable professional judgement; and
- complies with all relevant legal, professional and ethical requirements;
- genuinely facilitating an individual’s coping skills, development or identity exploration to meet the individual’s needs, including by providing acceptance, support or understanding to the individual; or
- the use by a person, without more, of the following expressions:
- an expression, including in prayer, of a belief or principle, including a religious belief or principle;
- an expression that a belief or principle ought to be followed or applied.
The legislation appears to have been drafted to reduce or limit the impact on religious teachings, prayer, sermons and general discussions of religious beliefs relevant to gender identity and sexual orientation. However, it remains possible that a sermon or discussion about religious belief could contravene the new law if it is found to be directed at an individual and to have a purpose of changing or suppressing the person’s sexual orientation or gender identity.
The SA Act provides the following examples of what does not constitute a ‘conversion practice’:
- stating what relevant religious teachings are or what a religion says about a specific topic;
- general requirements in relation to religious orders or membership or leadership of a religious community;
- general rules in educational institutions; and/or
- parents discussing, or providing guidance on, matters relating to sexual orientation, gender identity, sexual activity or religion with their children.
New South Wales
As of 3 April 2025 in NSW, it is unlawful to engage in a ‘conversion practice’ directed to changing or suppressing an individual’s sexual orientation or gender identity and causes mental or physical harm that endangers their life or is substantial. The Conversion Practices Ban Act 2024 (NSW) (NSW Act) makes conversion practices, which can include ‘conversion therapy’ and suppression practices, a crime punishable by up to five years’ imprisonment.
The NSW Act contains the substantially similar exceptions and qualifications about what is and is not a change and suppression practice as the SA Act.
It is an offence for a person to provide or deliver a conversion practice to an individual with the intention of changing or suppressing the individual’s sexual orientation or gender identity and the practice causes mental or physical harm to the individual that endangers the individual’s life or is substantial. This can include psychological or medical interventions, counselling, or subtle and repeated messages that LGBTQ+ people can change or suppress their sexual orientation or gender identity with faith or effort.The maximum penalty is imprisonment of five years.
It also creates a scheme allowing civil complaints about conversion practices to be made to Anti-Discrimination NSW and complaints can be referred to the NSW Civil and Administrative Tribunal (Tribunal). The Tribunal can order up to $100,000 compensation to a person affected.
Importantly, principals and employers may be liable for the conduct of an employee or agent unless they took all reasonable steps to prevent the contravention.
Both jurisdictions also have offences for taking a person outside of their state with the intention to deliver a conversion practice.
What does this mean for your organisation?
There are several lessons for organisations affected by the reforms:
- organisations in Victoria should also consider updating their workplace policies and codes of conduct to clarify that hate speech and serious vilification are unlawful; and
- faith based organisations in South Australia and New South Wales should provide practical guidance to employees and agents on the extent to which they can lawfully engage with matters of faith relevant to sexual orientation and gender identity. This will help to minimise the significant risks associated with harmful conversion practices, and the risk of criminal offences and financial penalties.
Contact us
Our Safeguarding team can provide more information about these reforms or the potential impact on your organisation.
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Disclaimer: This article provides general information only and is not intended to constitute legal advice. You should seek legal advice regarding the application of the law to you or your organisation.