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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Racial and Religious Tolerance Amendment
Bill 2019
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Principal Act 2
4 Change of name of Principal Act 2
5 Preamble 2
6 Purposes amended 2
7 Definitions 3
8 New section 3A inserted 3
9 Objects of Act 4
10 Section 7 amended 4
11 Section 8 repealed 4
12 Motive and dominant ground irrelevant 4
13 Section 10 amended 4
14 Exceptions--public conduct 5
15 Exceptions--private conduct 5
16 Application of Equal Opportunity Act 2010 to a dispute 5
17 New sections 22A to 22E inserted 5
18 Section 24 amended 10
19 Section 25 repealed 11
20 Section 26 amended 11
21 Issue of search warrant by magistrate 11
22 Part 6 inserted 11
23 Repeal of this Act 13
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Endnotes 14
1 General information 14
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PARLIAMENT OF VICTORIA
Introduced in the Council by Fiona Patten
Racial and Religious Tolerance
Amendment Bill 2019
A Bill for an Act to amend the Racial and Religious Tolerance
Act 2001 to extend the application of that Act to include protection
from vilification based on certain protected attributes, to make related
amendments and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The main purpose of this Act is to amend the
Racial and Religious Tolerance Act 2001 to
include protections from vilification based on the
5 following attributes--
(a) gender;
(b) disability;
(c) sexual orientation;
(d) gender identity;
10 (e) sex characteristics.
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2 Commencement
This Act comes into operation on 1 January 2020.
3 Principal Act
In this Act, the Racial and Religious Tolerance
5 Act 2001 is called the Principal Act.
4 Change of name of Principal Act
In the title to the Principal Act, for "Racial and
Religious Tolerance" substitute "Elimination of
Vilification".
10 5 Preamble
At the end of the Preamble to the Principal Act
insert--
"5 The Parliament further recognises that the people
of Victoria have other diverse attributes in relation
15 to gender, disability, sexual orientation, gender
identity or sex characteristics and the majority of
Victorians embrace this diversity and live
harmoniously together.
6 However, some Victorians are vilified on the
20 ground of their unique attributes. Vilifying
conduct is contrary to democratic values. It
diminishes a person's dignity, sense of self-worth
and belonging to the community. It also reduces
their ability to contribute to, or fully participate in
25 society as equals, thus reducing the benefit that
diversity brings to the community.
7 It is therefore desirable that the Parliament further
enact laws to extend protections for Victorians and
which support inclusion.".
30 6 Purposes amended
In section 1 of the Principal Act--
(a) in paragraph (a), for "racial and religious
tolerance" substitute "inclusion";
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(b) in paragraph (a), after "activity" insert
", gender, disability, sexual orientation,
gender identity or sex characteristics";
(c) in paragraph (b), omit "racial or religious".
5 7 Definitions
In section 3 of the Principal Act, insert the
following definitions--
"gender identity means the gender-related
identity, appearance or mannerisms or other
10 gender-related characteristics of a person
(whether by way of medical intervention or
not), with or without regard to the person's
designated sex at birth;
protected attribute has the meaning given in
15 section 3A;
sex characteristics means a person's physical,
hormonal or genetic features relating to sex,
including genitalia and other sexual and
reproductive anatomy, chromosomes, genes,
20 hormones, and secondary sex characteristics;
sexual orientation has the same meaning as in the
Equal Opportunity Act 2010;".
8 New section 3A inserted
After section 3 of the Principal Act insert--
25 "3A What are protected attributes?
For the purposes of this Act, a protected
attribute is one or more of the following--
(a) race;
(b) religious belief or activity;
30 (c) gender;
(d) disability;
(e) sexual orientation;
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(f) gender identity;
(g) sex characteristics.".
9 Objects of Act
In section 4(1)(c) of the Principal Act, for "race or
5 religious belief or activity" substitute "race,
religious belief or activity, gender, disability,
sexual orientation, gender identity or sex
characteristics".
10 Section 7 amended
10 (1) In the heading to section 7 of the Principal Act,
for "Racial vilification" substitute "Vilification".
(2) In section 7(1) of the Principal Act--
(a) for "race" substitute "protected attribute";
(b) for "incites" substitute "is likely to incite".
15 11 Section 8 repealed
Section 8 of the Principal Act is repealed.
12 Motive and dominant ground irrelevant
(1) In section 9(1) and (2) of the Principal Act, omit
"or 8".
20 (2) In section 9(2) of the Principal Act, for "race or
religious belief or activity" substitute "protected
attribute".
13 Section 10 amended
(1) In the heading to section 10 of the Principal Act,
25 for "race or religious belief or activity"
substitute "protected attribute".
(2) In section 10 of the Principal Act--
(a) omit "or 8";
(b) for "race or religious belief or activity"
30 substitute "protected attribute".
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14 Exceptions--public conduct
(1) In section 11(1) of the Principal Act, omit "or 8".
(2) For section 11(2) of the Principal Act, omit
"or proselytising".
5 15 Exceptions--private conduct
In section 12(1) of the Principal Act, omit "or 8".
16 Application of Equal Opportunity Act 2010 to a
dispute
After section 22(2) of the Principal Act insert--
10 "(3) For the purposes of this section, if it is
reasonably necessary for the purpose of
dispute resolution under this Act, the
Commission may ask any party to provide
information in relation to a dispute.".
15 17 New sections 22A to 22E inserted
After section 22 of the Principal Act insert--
"22A Tribunal order compelling production of
information
(1) The Commission may apply to the Tribunal
20 for an order requiring a person to provide
information to the Commission for the
purpose of dispute resolution under this Act.
(2) The Tribunal may make an order referred to
in subsection (1) if it is satisfied that--
25 (a) a person is in possession of information
that is relevant to the dispute resolution;
and
(b) the information is necessary for the
conduct of the dispute resolution.
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(3) In making the order, the Tribunal must have
regard to--
(a) any evidence of the impact that making
the order would be likely to have on the
5 person's business or other activities;
and
(b) the extent of disruption or
inconvenience that is likely to be
caused to the person if the order were
10 made.
(4) The order must specify that the person must
give the Commission the information
required by the order--
(a) within a reasonable period specified in
15 the order; or
(b) on a reasonable date and at a reasonable
time specified in the order.
(5) The Tribunal may give directions prohibiting
the disclosure of the identity of a person or
20 information that would be reasonably likely
to identify a person if the Tribunal considers
that preservation of the person's anonymity is
necessary--
(a) to protect the person's security of
25 employment, privacy or any right
protected by the Charter of Human
Rights and Responsibilities Act 2006;
or
(b) to protect the person from
30 victimisation.
(6) A document containing information referred
to in subsection (4) must be signed by the
person or, if the person is a body corporate,
an officer of the body corporate.
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(7) The person against whom an order is sought
is a party to the proceeding on an application
under subsection (1).
22B Creation of documents
5 An order under section 22A must not require
a person to create a document unless--
(a) it can be produced by the use of a
computer or other equipment that is
ordinarily available to the person for
10 retrieving or collating stored
information; or
(b) it would contain factual information
that is ordinarily available to the person
and the Tribunal considers that--
15 (i) the document would significantly
assist the dispute resolution; and
(ii) it would not be unreasonably
disruptive or inconvenient for the
person to produce the document.
20 22C Information in documents provided to the
Commission
(1) If information is provided in a document to
the Commission in accordance with an order
under section 22A, the Commission may--
25 (a) take possession of the document; and
(b) make copies of the document or take
extracts from the document; and
(c) retain possession of the document for as
long as is necessary for the purposes of
30 the investigation to which the document
relates.
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(2) The Commission must allow a document
retained under this section to be inspected, at
all reasonable times, by any person who
would be entitled to inspect the document if
5 it were not in the possession of the
Commission.
22D Disclosure of identity of persons who give
information or documents
(1) This section applies to a person who has
10 given or who will give evidence, information
or documents to the Commission as part of a
dispute resolution, whether or not the person
is compelled to do so by an order under
section 22A.
15 (2) The Commission may give directions
prohibiting the disclosure of the identity of
the person or prohibiting the disclosure of
information that would be reasonably likely
to identify the person if the Commission
20 considers that preservation of the person's
anonymity is necessary--
(a) to protect the person's security of
employment, privacy or any right
protected by the Charter of Human
25 Rights and Responsibilities Act 2006;
or
(b) to protect the person from
victimisation.
(3) A direction under this section must not be
30 inconsistent with any direction of the
Tribunal prohibiting the disclosure of the
identity of a person, or information that
would be reasonably likely to identify a
person, given under section 22A(5).
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22E Publication of evidence, information or
documents
(1) The Commission may give directions
prohibiting or limiting the publication of--
5 (a) any evidence given before the
Commission or any information given
to the Commission as part of a dispute
resolution; or
(b) the contents of any document
10 containing information provided to the
Commission as part of a dispute
resolution.
(2) Subsection (1) applies whether or not a
person was compelled to give the evidence
15 or produce the information or document by
order under section 22A.
(3) In deciding whether or not to give a direction
under subsection (1), the Commission must
have regard to the need to prevent any of the
20 following as are relevant to the
circumstances--
(a) prejudice to the relations between the
Government and the Commonwealth
Government or between the
25 Government and the Government of
another State or a Territory;
(b) the disclosure of deliberations or
decisions of the Cabinet, or of a
Committee of the Cabinet;
30 (c) prejudice to the proper functioning of
the Government;
(d) the disclosure, or the ascertaining by a
person, of the existence or identity of a
confidential source of information in
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relation to the enforcement of the
criminal law;
(e) the endangering of the life or physical
safety of any person;
5 (f) prejudice to the proper enforcement of
the law or the protection of public
safety;
(g) the disclosure of information the
disclosure of which is prohibited,
10 absolutely or subject to qualifications,
by or under another Act;
(h) the unreasonable disclosure of the
personal affairs of any person;
(i) the unreasonable disclosure of
15 confidential commercial information.".
18 Section 24 amended
(1) In the heading to section 24 of the Principal Act,
omit "racial".
(2) In section 24(1) of the Principal Act--
20 (a) for "race" substitute "protected attribute";
(b) after "intentionally" insert "or recklessly";
(c) for "the offender knows is likely" substitute
"is likely to";
(d) in paragraph (a), omit "to";
25 (e) in paragraph (b), omit "to" (where first
occurring).
(3) In section 24(2) of the Principal Act--
(a) for "race" substitute "protected attribute";
(b) omit "the offender knows".
30 (4) Section 24(4) of the Principal Act is repealed.
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19 Section 25 repealed
Section 25 of the Principal Act is repealed.
20 Section 26 amended
(1) In the heading to section 26 of the Principal Act,
5 for "race or religious belief or activity"
substitute "protected attribute".
(2) In section 26 of the Principal Act--
(a) omit "or 25";
(b) for "race or religious belief or activity"
10 substitute "protected attribute".
21 Issue of search warrant by magistrate
In section 28 of the Principal Act, omit "or 25".
22 Part 6 inserted
After Part 5 of the Principal Act insert--
15 "Part 6--Transitional provisions--
Racial and Religious Tolerance
Amendment Act 2019
32 Renaming of Act--savings provision
Any reference to the Racial and Religious
20 Tolerance Act 2001 in any Act, subordinate
instrument, agreement or other document, so
far as it relates to any period after the
commencement of section 4 of the Racial
and Religious Tolerance Amendment
25 Act 2019, is to be construed as a reference to
the Elimination of Vilification Act 2001,
unless the contrary intention appears or the
context otherwise requires.
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33 Activities under repealed section 8 or 25
(1) Despite the repeal of section 8, a dispute may
be brought to the Commission under Part 3
on or after the commencement of the Racial
5 and Religious Tolerance Amendment
Act 2019 in respect of a contravention of
section 8 occurring before that
commencement, as if that section had not
been repealed.
10 (2) Despite the repeal of section 25, a
prosecution may be brought on or after the
commencement of the Racial and Religious
Tolerance Amendment Act 2019 in respect
of a contravention of section 25 occurring
15 before that commencement, as if that section
had not been repealed.
34 Regulations dealing with transitional
matters
(1) The Governor in Council may make
20 regulations containing provisions of a
transitional nature, including matters of an
application or savings nature, arising as a
result of the enactment of the Racial and
Religious Tolerance Amendment
25 Act 2019, including the repeals and
amendments made by that Act.
(2) Regulations made under this section may--
(a) have a retrospective effect to a day on
or from the date that the Racial and
30 Religious Tolerance Amendment
Act 2019 receives the Royal Assent;
and
(b) be of limited or general application; and
(c) leave any matter or thing to be decided
35 by a specified person or class of person;
and
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(d) provide for the exemption of persons or
proceedings or a class of persons or
proceedings from any of the regulations
made under this section.
5 (3) Regulations under this section have effect
despite anything to the contrary--
(a) in any Act (other than the Racial and
Religious Tolerance Amendment
Act 2019 or the Charter of Human
10 Rights and Responsibilities
Act 2006); or
(b) in any subordinate instrument.
(4) This section is repealed on the second
anniversary of the day on which it comes
15 into operation.
35 Court or Tribunal may make orders of a
transitional nature
(1) If any difficulty arises in a proceeding
because of the operation of this Part, the
20 court or the Tribunal may make any order it
considers appropriate to resolve the
difficulty.
(2) The court or the Tribunal may make such an
order on the application of any party to the
25 proceeding or on its own motion.".
23 Repeal of this Act
This Act is repealed on 1 January 2021.
Note
The repeal of this Act does not affect the continuing operation of
30 the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
By Authority. Government Printer for the State of Victoria.
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