ACT Hate crimes and vilification review

FDPN made a submission to the ACT Government in response to the Hate Crime and Vilification Review. Our submission focuses on the experiences of LGBTIQA+ forcibly displaced people.

Summary of recommendations

For the ACT Government:

• Amend section 67A(1) of the Discrimination Act 1991 (ACT) to include immigration status, nationality, and national or ethnic origin as protected characteristics from unlawful vilification.
• Amend section 370 of the Criminal Code 2002 (ACT) to include immigration status, nationality, and national or ethnic origin as protected characteristics from serious vilification.
• Invest in targeted community education about unlawful vilification, ensuring that such education is delivered in an intersectional way, translated into multiple community languages and is accessible.
• Amend the definition of aggravated offence under the Crimes Act 1900 (ACT) to include the motivation of hate and prejudice against protected groups and those associated with protected groups.
• Investigate whether section 3(d) of the Crimes (Sentencing) Act 2005 (ACT) is
• being applied as intended in considering the sentencing for relevant crimes.
• Amend section 3 of the Crimes (Sentencing) Act 2005 (ACT) to include a requirement to consider whether a crime was motivated by hate and/or prejudice in sentencing.
• Investigate whether the definition of a ‘vulnerable person’ under section 33(1)(gb) of the Crimes (Sentencing) Act 2005 (ACT) captures all intended circumstances.
• Ensure that judicial decision makers and legal practitioners are required to undertake training and education on considering hate motivation in sentencing, and anti-racism training.
• Introduce a standalone hate crime offence.
• Require the ACT Policing to reinstate the LGBTIQA+ Liaison Officer role.
• Fund an establishment of a dedicated community legal service (or a dedicated service offering within a current community legal service) to deliver integrated support through a holistic lawyer and social worker model for LGBTIQA+ people victims of vilification and hate crimes.
• Fund justice system peer-navigators who can provide one-to-one support across dealing with police, the Human Rights Commission, ACAT, and the criminal justice system.
• Fund awareness-raising campaigns on the human rights of LGBTIQA+ people, delivered in intersectional ways.
• Fund awareness-raising and prevention campaigns to increase understanding of the legal protections available in vilification and hate crimes cases.

For ACT Policing:

• Reinstate the LGBTIQA+ Liaison Officer role, and require the LLO to meaningfully engage with LGBTIQA+ communities to build trust.
• Undertakes proactive and sustained outreach with LGBTIQA+ communities including those who are forcibly displaced people.
• Mandates the training for all staff on working with LGBTIQA+ communities, including specifically with LGBTIQA+ forcibly displaced people.