Removal of Prosecution Approval Requirements for Hate Speech Offences
Crimes Amendment (Prosecution of Certain Offences) Bill 2023
Legislative Assembly
Legislative Council
Assent
Topics
hate speech human rights incitement of violence public safety racial discrimination religious freedom
Introduced by: Michael Daley MP (ALP)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
The Debate
What different members said when this bill was debated:
Susan Carter LIB
“As the Hon. Mark Buttigieg has indicated, section 93Z of the Crimes Act makes it an offence to publicly threaten or incite violence on grounds of race, religion, sexual orientation, gender identity, or intersex or HIV/AIDS status.”
Stephen Lawrence ALP
“I state my support for the Crimes Amendment (Prosecution of Certain Offences) Bill 2023, which strengthens the law to further protect people from threats and incitement to violence by making it easier to arrest people and lay charges. It does that by removing the requirement for the Director of Public Prosecutions [DPP] to consent to a prosecution for an offence against section 93Z.”
Rod Roberts IND
“I support the Government’s Crimes Amendment (Prosecution of Certain Offences) Bill 2023, which amends section 93Z of the Crimes Act. I have been disgusted and ashamed by the events of the past two months. To have groups of people calling for genocide at one of our country’s most prized cultural institutions is a disgrace.”
“I support the Crimes Amendment (Prosecution of Certain Offences) Bill 2023, which amends section 93Z of the Crimes Act 1900.”
Sue Higginson GRN
“I speak on behalf of The Greens in debate on the Crimes Amendment (Prosecution of Certain Offences) Bill 2023. The Greens oppose changing the current status of the law. The status quo is important at a time like this and in circumstances like this. The Greens know that vilification is harmful and has deep and lasting impacts on diverse communities.”
Mark Buttigieg ALP
“The debate was a grab bag of miscellaneous positions. The Hon. Susan Carter wants to refer the bill to a committee. The Hon. Rod Roberts says that a police officer but not a private individual should have the ability to prosecute. Ms Sue Higginson thinks that the status quo is correct. I will try to address each of those in turn to the best of my ability.”
News articles and press releases
Crimes Amendment (Prosecution of Certain Offences) Bill 2023
Mr MICHAEL DALEY, Attorney General — 2023-11-21
The amendments proposed in the bill will streamline the process for police to prosecute people who offend against section 93Z. It will do this by amending the Crimes Act 1900 to omit subsection (4) from section 93Z. Subsection (4) currently provides that a prosecution for a section 93Z offence is not to be commenced without the approval of the Director of Public Prosecutions, who I will refer to as the DPP. The requirement for the DPP to approve a prosecution under section 93Z was a part of the original offence introduced in 2018 by the Crimes Amendment (Publicly Threatening and Inciting Violence) Act 2018. This Act consolidated serious vilification offences previously contained in the Anti-Discrimination Act 1977 into a single offence in the Crimes Act 1900.