Western Australia finds itself dangerously out of step with the rest of the nation, standing alone as the only state or territory without specific laws criminalising hate speech and vilification. This glaring legislative gap has sparked urgent calls for reform from advocates like former Democrats senator Brian Grieg, who warns that vulnerable communities are being left exposed to rising prejudice.
A Legislative Void in the West
While every other Australian jurisdiction has enacted laws against vilification based on race, religion, sexuality, or gender identity, WA relies on a patchwork of outdated and ineffective provisions. The state's Criminal Code Act from 1913 contains offences for inciting racial hatred, but these are notoriously difficult to prosecute. For other forms of hate speech targeting groups like the LGBTQI+ community, Jewish people, or Muslims, there is virtually no specific legal recourse.
Brian Grieg, a long-time advocate for equality and now a City of Perth councillor, argues this absence is not just a legal anomaly but a direct threat to community safety. "We are the only state that doesn't have [these] laws," Grieg states, emphasising that the existing federal laws are insufficient as they lack the enforcement mechanisms of state-based legislation.
The Rising Tide of Hate and the Need for Protection
The push for new laws comes against a backdrop of increasing reports of hate-motivated incidents across Australia. Grieg points to the alarming rise in antisemitism and anti-Muslim sentiment following recent global conflicts, as well as persistent homophobia and transphobia. Without robust legal frameworks, he argues, these acts of vilification continue to cause profound harm with little consequence for the perpetrators.
The proposed model for WA is not untested. Advocates point to the proven effectiveness of laws in states like New South Wales, Queensland, and Victoria. These laws typically make it a criminal offence to publicly incite hatred, serious contempt, or severe ridicule of a person or group based on protected attributes. Grieg stresses that such legislation is not about curtailing free speech but about drawing a clear line at speech that incites violence and hatred.
"The best way to protect free speech is to protect people from hate speech," he contends, framing the issue as one of balancing rights to ensure the safety and dignity of all citizens.
Political Stagnation and the Path Forward
Despite the clear need, progress in WA has been frustratingly slow. The issue has been debated for years, with various governments commissioning reviews and discussions but failing to enact change. Grieg criticises the current Labor government under Premier Roger Cook for not treating the matter with the urgency it demands, especially in the current volatile social climate.
The call to action is clear: Western Australia must immediately draft and pass comprehensive anti-vilification laws that align with national standards. This legislation should protect a broad range of attributes, including race, religion, sexual orientation, gender identity, and disability. It must also be backed by proper resources for education and enforcement.
As the last remaining holdout, WA has a responsibility to close this dangerous gap in its legal system. The well-being of its minority communities and the state's commitment to being a fair and inclusive society depend on it. The time for reviews is over; the time for action is now.
