Victorian identity-based hate crimes review
Rob Ward, 29 April 2010
Over the last year or so, the media has made much of an apparent rise in violent attacks directed at Indians living or studying in Victoria. The Indian media reacted strongly and the Premier and other members of the Victorian Government have understandably bent over backwards to address this issue.
One action taken was to amend the Sentencing Act 1991 which now requires courts to consider when sentencing whether the offence was motivated by hatred or prejudice against a group with common characteristics. This consideration, which effectively targets crime that is based on a person’s identity, is a specific response to perceptions about racially-motivated crime.
The ACL strongly condemns acts of violence, whether randomly directed against an individual or against someone based on their belonging to a group such as a racial, religious or other group. A crime is a crime and it should be dealt with by the law based on available evidence. We acknowledge that crime, especially violent crime directed at members of an identifiable group, can have a negative impact on the whole group, not just the individual who is directly attacked.
A further measure to address crime motivated by hatred in Victoria is an inquiry by the Department of Justice, and headed by The Hon Geoffrey Eames AM QC. ACL is making a submission to the inquiry. The basis of the Eames inquiry appears not only to be recent attacks on Indian students, but a contentious report by the ‘ALSO Foundation’ called ‘With Respect’ (see here), which may create divisions within the community and may be used to advance the homosexual agenda.
Our contention is that while we agree that identity-based hate crime is wrong and must be condemned, the ALSO report calls for new offences to be created which could challenge freedom of speech as well as making it a crime to even say something which might “offend” a member of the gay, lesbian, bi-sexual, transgender or intersex (GLBTI) community. This goes much further even than the discredited Racial & Religious Tolerance Act 2001 in terms of limiting religious freedom.
The Eames inquiry is due to report to the Attorney-General in September 2010. We will be watching closely and will keep you informed.
Over the last year or so, the media has made much of an apparent rise in violent attacks directed at Indians living or studying in Victoria. The Indian media reacted strongly and the Premier and other members of the Victorian Government have understandably bent over backwards to address this issue.
One action taken was to amend the Sentencing Act 1991 which now requires courts to consider when sentencing whether the offence was motivated by hatred or prejudice against a group with common characteristics. This consideration, which effectively targets crime that is based on a person’s identity, is a specific response to perceptions about racially-motivated crime.
The ACL strongly condemns acts of violence, whether randomly directed against an individual or against someone based on their belonging to a group such as a racial, religious or other group. A crime is a crime and it should be dealt with by the law based on available evidence. We acknowledge that crime, especially violent crime directed at members of an identifiable group, can have a negative impact on the whole group, not just the individual who is directly attacked.
A further measure to address crime motivated by hatred in Victoria is an inquiry by the Department of Justice, and headed by The Hon Geoffrey Eames AM QC. ACL is making a submission to the inquiry. The basis of the Eames inquiry appears not only to be recent attacks on Indian students, but a contentious report by the ‘ALSO Foundation’ called ‘With Respect’ (see here), which may create divisions within the community and may be used to advance the homosexual agenda.
Our contention is that while we agree that identity-based hate crime is wrong and must be condemned, the ALSO report calls for new offences to be created which could challenge freedom of speech as well as making it a crime to even say something which might “offend” a member of the gay, lesbian, bi-sexual, transgender or intersex (GLBTI) community. This goes much further even than the discredited Racial & Religious Tolerance Act 2001 in terms of limiting religious freedom.
The Eames inquiry is due to report to the Attorney-General in September 2010. We will be watching closely and will keep you informed.
Welcome to Victoria Votes
Who do I vote for? How do I make my vote count for Christian values? This is what many are asking with just weeks until polling day.
For the past 10 years, ACL has worked hard to ensure Christians know as much as possible about the Parties and Candidates standing in elections.
In a non-party partisan way (but critical where necessary), we have sought to help Christians cast an informed vote for those who best support Christian values.
We are pleased to be taking this service to new levels in the 2010 Victorian Election.
We contacted all the Parties contesting the election with 21 questions of key concern to Christians.
All of the well-known Parties have promised to respond, along with some of the less well known.
We will be posting their answers on the victoriavotes.org.au site and hope you might take some time between now and November 27th to consider their responses. For busy people who don’t have time to go through 21 questions and answers, we have an easy link to “Touchstone Issues”.
This site contains information about ACL’s local Candidate Forums and we are in the process of up-loading short video messages from participating Candidates.
If your local candidate has not submitted a video, you might like to ask them to consider this.
victoriavotes.org.au also contains information on conscience votes held in the Victorian Parliament.
It is important to know where your candidate stands on protecting human life at its most vulnerable.
We’ll be seeking to update this blog daily (after 28th October) with comment on the remainder of the campaign as it affects Christians.
God bless,
Rob Ward
ACL State Director - Victoria
For the past 10 years, ACL has worked hard to ensure Christians know as much as possible about the Parties and Candidates standing in elections.
In a non-party partisan way (but critical where necessary), we have sought to help Christians cast an informed vote for those who best support Christian values.
We are pleased to be taking this service to new levels in the 2010 Victorian Election.
We contacted all the Parties contesting the election with 21 questions of key concern to Christians.
All of the well-known Parties have promised to respond, along with some of the less well known.
We will be posting their answers on the victoriavotes.org.au site and hope you might take some time between now and November 27th to consider their responses. For busy people who don’t have time to go through 21 questions and answers, we have an easy link to “Touchstone Issues”.
This site contains information about ACL’s local Candidate Forums and we are in the process of up-loading short video messages from participating Candidates.
If your local candidate has not submitted a video, you might like to ask them to consider this.
victoriavotes.org.au also contains information on conscience votes held in the Victorian Parliament.
It is important to know where your candidate stands on protecting human life at its most vulnerable.
We’ll be seeking to update this blog daily (after 28th October) with comment on the remainder of the campaign as it affects Christians.
God bless,
Rob Ward
ACL State Director - Victoria
Vic Upper House must block unjust investigation powers for Commission
For release: March 26, 2010
A bill which gives the Equal Opportunity and Human Rights Commission more powers than the police to investigate and interrogate groups was rushed through the Victorian Parliament's Lower House yesterday with scant debate.
The Australian Christian Lobby (ACL) today called on Upper House Members to reject these draconian provisions when the bill is debated there after Easter. ACL Victorian Director Rob Ward called on Greens' MLCs in particular to demonstrate their commitment to due process by using their numbers in the Upper House to block aspects of the Equal Opportunity Bill 2010 which would give the Commission more powers of investigation than the police even when there was no evidence of a problem.
“This far-reaching legislation was rushed through the Lower House on the strength of the Government's numbers with very limited scope for debate,” Mr Ward said.
“Upper House Members have a responsibility to show they are truly a house of review by looking at all the implications of this bill and eliminating provisions which would give an unjustified amount of power to the Commission.
“The Greens so often talk about their desire to prevent injustice and there can be no doubt that this bill is full of potential to lead to injustice. It allows the Commission to launch investigations without even receiving a complaint – as far as I know only the Ombudsman currently has that power.”
Mr Ward also urged Upper House Members to remove the bill's 'inherent requirements' test whereby religious bodies or schools can only insist on employing people who share their beliefs and values if they can prove that this is “an inherent requirement of the particular position”.
“This clearly has the power to restrict religious freedom – particularly for smaller religious bodies and schools who don't have the resources to defend themselves if challenged on this issue,” Mr Ward said.
“Victorian religious organisations should be able to rely on clearly written provisions rather than having to walk around minefields of political correctness. Like political parties, they should be able to get on with employing people who share their ethos and values without having to continually defend this.”
Media Contact: Rob Ward on 0408 348 352 or Glynis Quinlan on 0408 875 979.
A bill which gives the Equal Opportunity and Human Rights Commission more powers than the police to investigate and interrogate groups was rushed through the Victorian Parliament's Lower House yesterday with scant debate.
The Australian Christian Lobby (ACL) today called on Upper House Members to reject these draconian provisions when the bill is debated there after Easter. ACL Victorian Director Rob Ward called on Greens' MLCs in particular to demonstrate their commitment to due process by using their numbers in the Upper House to block aspects of the Equal Opportunity Bill 2010 which would give the Commission more powers of investigation than the police even when there was no evidence of a problem.
“This far-reaching legislation was rushed through the Lower House on the strength of the Government's numbers with very limited scope for debate,” Mr Ward said.
“Upper House Members have a responsibility to show they are truly a house of review by looking at all the implications of this bill and eliminating provisions which would give an unjustified amount of power to the Commission.
“The Greens so often talk about their desire to prevent injustice and there can be no doubt that this bill is full of potential to lead to injustice. It allows the Commission to launch investigations without even receiving a complaint – as far as I know only the Ombudsman currently has that power.”
Mr Ward also urged Upper House Members to remove the bill's 'inherent requirements' test whereby religious bodies or schools can only insist on employing people who share their beliefs and values if they can prove that this is “an inherent requirement of the particular position”.
“This clearly has the power to restrict religious freedom – particularly for smaller religious bodies and schools who don't have the resources to defend themselves if challenged on this issue,” Mr Ward said.
“Victorian religious organisations should be able to rely on clearly written provisions rather than having to walk around minefields of political correctness. Like political parties, they should be able to get on with employing people who share their ethos and values without having to continually defend this.”
Media Contact: Rob Ward on 0408 348 352 or Glynis Quinlan on 0408 875 979.
Christian Lobby condemns Victorian ALP same-sex marriage push
For release: November 23, 2009
The Australian Christian Lobby (ACL) has strongly condemned the passing of a resolution by the Victorian Labor Party state conference on the weekend calling for gay marriage and urging the Federal Government not to disallow ACT legislation to give same-sex couples legal ‘marriage-like’ ceremonies.
ACL Managing Director Jim Wallace said it is not surprising that the push to undermine marriage and change the social fabric of society is coming from the more radical left-leaning elements of the Labor Party in both Victoria and the ACT who are intent on pushing a social engineering agenda which would be at odds with most Christian views.
“The Rudd Government has given Labor an opportunity to consolidate what was a well-acknowledged shift of many Christian voters to Labor in the last federal election but if they follow the urging of elements of the Victorian Labor Party and their equivalent elsewhere they will never hold those gains,” Mr Wallace said.
“It would be similar to the situation with the ‘Howard battlers’ who came over to the Coalition and then deserted it in 2007.”
Mr Wallace said there is an ‘open and shut case’ for the Federal Government to overturn the ACT legislation.
“There was a clear pre-election commitment given by Federal Labor that they would not allow the mimicking of marriage and there’s been no more brazen attempt to do this than that represented by the legislation recently passed by the ACT Assembly.
“The thing that will drive Christians away from Labor if this legislation is left standing is not so much the issue itself, as the concern about how much they can trust a Federal Labor Government if a key election promise to the Christian constituency is broken. This is not a threat, it is simply fact,” Mr Wallace said.
Mr Wallace said the ACT Government is trying to frame this issue solely in terms of whether the civil partnerships legislation contravenes the Marriage Act according to fine constitutional legalities and its latest supposedly ‘clever’ attempt to get around any problems.
“Whether it does or not is not the real issue at stake – although if its own proponents are saying it is actually marriage then surely it contravenes the Marriage Act. The issue is that the Federal Government has the constitutional power to disallow the ACT legislation and its election promise impels it to do so,” he said.
Media Contact: Glynis Quinlan on 0408 875 979
The Australian Christian Lobby (ACL) has strongly condemned the passing of a resolution by the Victorian Labor Party state conference on the weekend calling for gay marriage and urging the Federal Government not to disallow ACT legislation to give same-sex couples legal ‘marriage-like’ ceremonies.
ACL Managing Director Jim Wallace said it is not surprising that the push to undermine marriage and change the social fabric of society is coming from the more radical left-leaning elements of the Labor Party in both Victoria and the ACT who are intent on pushing a social engineering agenda which would be at odds with most Christian views.
“The Rudd Government has given Labor an opportunity to consolidate what was a well-acknowledged shift of many Christian voters to Labor in the last federal election but if they follow the urging of elements of the Victorian Labor Party and their equivalent elsewhere they will never hold those gains,” Mr Wallace said.
“It would be similar to the situation with the ‘Howard battlers’ who came over to the Coalition and then deserted it in 2007.”
Mr Wallace said there is an ‘open and shut case’ for the Federal Government to overturn the ACT legislation.
“There was a clear pre-election commitment given by Federal Labor that they would not allow the mimicking of marriage and there’s been no more brazen attempt to do this than that represented by the legislation recently passed by the ACT Assembly.
“The thing that will drive Christians away from Labor if this legislation is left standing is not so much the issue itself, as the concern about how much they can trust a Federal Labor Government if a key election promise to the Christian constituency is broken. This is not a threat, it is simply fact,” Mr Wallace said.
Mr Wallace said the ACT Government is trying to frame this issue solely in terms of whether the civil partnerships legislation contravenes the Marriage Act according to fine constitutional legalities and its latest supposedly ‘clever’ attempt to get around any problems.
“Whether it does or not is not the real issue at stake – although if its own proponents are saying it is actually marriage then surely it contravenes the Marriage Act. The issue is that the Federal Government has the constitutional power to disallow the ACT legislation and its election promise impels it to do so,” he said.
Media Contact: Glynis Quinlan on 0408 875 979