The Hon Daniel Andrews MP

Premier of Victorio 1 Treosury Place Melbourne, Victoria 3002 Australia Telephone: +613 9651 5000

Ian Goodenough MP 016/217256 Chair Parliamentary Joint Committee on Human Rights PO Box 6100 Parliament House CANBERRA ACT 2600

Dear Mr Goodenough

With respect, the Victorian Government does not welcome the opportunity to make a submission to the Federal Parliamentary Inquiry into "Freedom of Speech in Australia".

We believe that any attempt to water down Australia's hate-speech laws and undermine our history of multiculturalism is quite plainly a backwards step.

Victoria has one of the most culturally, linguistically and religiously diverse societies in the world, which has been, and continues to be, vital to the development and prosperity of our State.

As you will note, Victoria's submission strongly supports the current protections in place against racial discrimination through the Racial Discrimination Act 1975, and considers it vital that the Commonwealth does not weaken these protections against racial discrimination or vilification.

We trust that this submission will be considered as part of your Committee's considerations, and look to hearing the outcome of deliberations in early 2017.

Yours sincerely

The Hon Daniel Andrews MP Premier

Robin Scott MP The Hon Natalie Hutchins MP Minister for Multicultural Affairs Minister for Aboriginal Affairs

Your details will be dult with in accordance with the Public Records Act 1973 and the Privacy and Dato Protection Act 2014. Should you have any queries or wis h to gain access to your pe rsonal information held by this department please contact our Privacy Officer at the above address. VICTORIAN GOVERNMENT SUBMISSION Commonwealth Parliamentary Joint Committee on Human Rights inquiry into "Freedom of Speech in Australia"

With respect, the Victorian Government does not welcome the opportunity to make a submission to this inquiry.

We believe that any attempt to w ater dow n Australia's hate-speech laws and undermine our history of multiculturalism is quite plainly a backwards step.

This inquiry is the latest in a long line of blatant attempts to achieve just that.

While it is supposedly investigating whether people have " Freedom of Speech", this inquiry is actually investigating whether people should have the right to hurt others.

In Victoria, we believe that discrimination is never acceptable, and that everyone has the right to belong. All Victorians - regardless of where they come from, the language they speak, or the religion they observe - deserve to have this right protected in law.

Victoria is home to one of the most culturally, linguistically and religiously diverse societies in the world. Almost half our population was born overseas, or have one parent born overseas - and our Aboriginal communities are steeped in traditions and customs that have sustained them for up to 50,000 years.

Australia has international obligations to provide protection of freedom of expression while protecting people from racial hatred. Th e current laws already ensure that balance.

The right to freedom of expression and the responsibility to enact laws against racial hatred are complementary, not contradictory.

Both are an important part of a modern, liberal and welcoming society.

In summary, the Victorian Government's submission highlights the following:

• The vital contribution of Aboriginal and multicultural communities to Victoria and Australia • The moral and legal responsibility to protect individuals and communities from racial vilification • The Victorian Government's strong view that the operation of Part IIA does not unreasonably restrict freedom of speech • The Government does not support any changes to section 18C and notes the importance of observing the Federal Court's interpretation that Part IIA of the Racial Discrimination Act 1975 deals with 'profound and serious effects, not to be likened to mere slights' • Racially motivated hatred will not be effectively addressed by legal restrictions alone. Education is also vital to promote a culture of shared responsibility and respect. • A bipartisan approach to this issue must be maintained at all levels of government in Au stralia

The Victorian Government believes the Commonwealth should not weaken the protections in place against racial discrimination or vilification, nor disturb the cohesion and wellbeing of our community.

While mechanisms are in place for States and Territories to address actual and potential racism, the Victorian Government believes the Commonwealth should continue to demonstrate leadership in encouraging social harmony and protecting the rights of all Australians.

PROTECTED Aboriginal people have a deep and continuous connection with the place we now call Victoria. Aboriginal people and communities, past and present, continue to make great contributions to the State and add to the richness of Victoria' s heritage. It's time that more of these positive stories are told and heard, stories about Aboriginal communities strengthened by their cultural identities and enriched by traditional customs and practices. Aboriginal economic participation is vital to grow Victoria's wealth generally and increase overall economic productivity and competitive advantage.

The multicultural communities of Victoria have been, and continue to be, vital to the development and prosperity of our state. It is estimated that a $5 billion increase in personal income across Victoria between 2005 and 2011 is attributable to the growth in Victoria's cultural diversity.

Our multicultural communities contribute in many other ways beyond our economy, for example through civic and social participation. It is impossible to imagine Melbourne, the most liveable city in the world, without our cultural diversity.

Racism tears at the fabric of our community, which costs us all. All Governments need to protect individuals and communities from racial vilification. Governments should be particularly mindful of the impact of racism and religious intolerance on Aboriginal, multicultural and religious communities and vulnerable individuals within them.

Several studies have shown that vilification, verbal abuse and discrimination, directed at someone's race, religion and other forms of diversity, remains prevalent in Au stralia.

For example, the Scanlon Foundation survey Australia Today1 found that 59 per cent of Aboriginal Australians and 54 per cent of African-born Australians reported experiencing discrimination in the last 12 months.

A VicHealth/Lowitja Institute survey2 of Aboriginal Victorians found that almost every person interviewed (97 per cent) had experienced racism in the past 12 months, and more than 70 per cent had experienced eight or more racist incidents.

There is strong evid ence that points to serious long-term negative impacts to individuals caused by vilification and discrimination.

The Victorian Equal Opportunity and Human Rights Commission (VEOHRC) found that racism "can undermine an individual's sense of self-worth, leaving them feeling vulnerable and isolated, and affect their physical and mental health. Members of communities targeted by racism can feel anxious, unwelcome and feel less confident to participate in public life and debate." 3

The VicHealth/Lowitja institute survey found that racism was a significant factor contributing to psychological distress among Aboriginal Victorians. 4 The study found that experiencing a racist incident continued to have negative impact on people's lives and wellbeing well after the incident itself.

It is within this context that the Victorian Government opposes any changes to repeal or weaken Section 18C of the Racial Discrimination Act, which deems it unlawful to "offend, insult, humiliate or intimidate" based on a person's race or ethnicity.

1 Scanlon Foundation, 2016, Australians Today, available from http://scanlonfoundation.org.au/ au stralians-today/ pp62-63. 2 The Lowitja Institute, 2011, Mental Health Impacts of Racial Discrimination in Victorian Aboriginal Communities, https://www. lowitj a. org. a u/ 1owitja -pu blish i ng/ L023 3VEOHRC, 2013, Reporting Racism: what you say matters, available from http:// www.humanrightscommission .vic.gov.au/ our­ r eso u rces-and -pu b Ii cations/re ports/ item/ 680-re p orti n g-ra ci sm -wh at-you-say-matte rs, p4. 4 The Lowitja Institute, 2011, op. cit. PROTECTED The ordinary meaning of the words in Section 18C can be potentially broad, however the Federal Court has interpreted these words as referring to 'profound and serious effects, not to be likened to mere slights'. In addition Section 18C has been interpreted as being concerned with consequences that are 'more serious than mere personal hurt, harm or fear' . Further, Section l8D contains exemptions which specifically protect freedom of speech . These ensure that artistic works, scientific debate and fair comment on matters of public interest are exempt from section 18C, providing they are said or done reasonably and in good faith.

The operation of Part IIA does not unreasonably restrict freedom of speech.

While it is important to protect freedom of express ion, including the use of language that may offend, the exercise of freedom of expression carries duties and responsibilities. These common responsibilities mean that it is appropriate to regulate expression where this is necessary to protect the reputation or rights of others.

The aim of effective legislation is not to limit "freedom of speech" in isolation, but to protect individuals and communities from the most serious hatred and abuse by striking a fair and rea sonable balance between the right of freedom of expression and the rights of all citizens to participate equally in society.

In Australia, as elsewhere, there are a range of measures, including legislation, that are designed to place fair and reasonable limits on freedom of expression. Legislative measures include anti-defamation legislation and privacy laws.

In Victoria, we don't just tolerate diversity. We celebrate it. It's made us the most liveable society in the world and it is part of who we are.

The. Victorian Government will always strongly resi st any Commonwealth attempts to water down Australia's hate-speech laws, undermine our history of multiculturalism and make our society less liveable.

We know that legislation alone cannot combat racism, but legal protections hold symbolic and practical significance, and they send a strong message that racism will not be tolerated.

These protections must, themselves, be protected from so-called advocates of 'freedom' who only seek the freedom to hurt others.

The Turnbull Government could avoid a significant amount of hurt in the community by shutting down this inquiry, and in doing so honour the Prime Minister's commitment of February 2016 that he and his Government had 'no plans to change' the Racial Discrimination Act.

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