Tuesday, 3 March 2026

 Sonya KILKENNY (Carrum – Attorney-General, Minister for Planning) (12:05): I move:

That I introduce a bill for an act to amend the Crimes Act 1958 to make further provision in relation to who can commence a prosecution for an offence against section 195N(1) or 195O(1) of that act and for other purposes.

 James NEWBURY (Brighton) (12:06): I seek a brief explanation of the bill.

 Sonya KILKENNY (Carrum – Attorney-General, Minister for Planning) (12:06): The Crimes Amendment Bill 2026 will make it easier to commence prosecutions for serious vilification offences.

Motion agreed to.

Read first time.

Sonya KILKENNY: Under standing order 61(3)(b), I advise the chamber that representatives of all parties and independent members have received a copy of the bill and a briefing in accordance with the standing order. I will therefore move the second reading immediately.

 Sonya KILKENNY (Carrum – Attorney-General, Minister for Planning) (12:06): In accordance with the Charter of Human Rights and Responsibilities Act 2006, I table a statement of compatibility in relation to the Crimes Amendment Bill 2026:

Opening paragraphs

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, (the Charter), I make this Statement of Compatibility with respect to the Crimes Amendment Bill 2026.

In my opinion, the Crimes Amendment Bill 2026, as introduced to the Legislative Assembly, is compatible with human rights as set out in the Charter. I base my opinion on the reasons outlined in this statement.

Overview

The Bill seeks to amend the Crimes Act 1958 in relation to the prosecution of serious vilification offences.

Human Rights Issues

Human rights protected by the Charter that are relevant to the Bill

Right to retrospective criminal laws

Section 27 of the Charter provides that a person must not be found guilty of a criminal offence because of conduct that was not a criminal offence when it was engaged in, and that a penalty must not be imposed on any person for a criminal offence that is greater than the penalty that applied to the offence when it was committed.

The Bill amends section 195Q of the Crimes Act 1958 to remove the requirement for the Director of Public Prosecutions’ consent to police prosecutions of serious vilification offences, namely sections 195N(1) and 195O(1) of the Crimes Act, unless the accused is under the age of 18 years. A transitional provision, new section 640C, provides that section 195Q of the Crimes Act as substituted by the Bill applies in relation to an offence against section 195N(1) or 195O(1) irrespective of when the offence is alleged to have been committed. These offences commenced operation on 20 September 2025.

While this provision will amend the consent requirement retrospectively, it does not limit or interfere with section 27 of the Charter. Section 195Q of the Crimes Act is a procedural

provision and does not alter the elements or penalties of the offences in sections 195N or 195O of the Crimes Act.

Protection of families and children

Section 17 of the Charter protects the rights of families and children. Section 17(2) recognises the vulnerability of children because of their age, conferring additional rights on them. It is concerned with protecting the ‘best interests of the child’ (Certain Children by their Litigation Guardian Sister Marie Brigid Arthur v Minister for Families and Children [2016] VSC 796 [145]).

While the Bill removes the requirement for Director of Public Prosecutions’ consent to police prosecutions for serious vilification offences alleged to have been perpetrated by adults, section 195Q(b) of the Crimes Act requires Victoria Police to obtain the Director of Public Prosecutions’ consent to charge an accused who is a child (under 18 years of age) with serious vilification. This safeguard promotes the protection of children by ensuring that their unique characteristics and vulnerabilities are considered by the Director of Public Prosecutions before deciding to proceed with a prosecution.

Sonya Kilkenny

Attorney-General

 Sonya KILKENNY (Carrum – Attorney-General, Minister for Planning) (12:08): I move:

That this bill be now read a second time.

I ask that my second-reading speech be incorporated into Hansard.

Incorporated speech as follows:

The Crimes Amendment Bill 2026 will amend the Crimes Act 1958 in relation to the prosecution of serious vilification offences.

The Bill will change the Director of Public Prosecutions’ (DPP) consent framework regarding the serious vilification offences in section 195N(1) (incitement on ground of protected attribute) and section 195O(1) (threaten physical harm or property damage on ground of protected attribute) of the Crimes Act 1958.

These offences, and other landmark reforms, were contained in the Justice Legislation Amendment (Anti-vilification and Social Cohesion) Bill 2024 (the 2024 Bill).

Currently in Victoria, due to amendments made during Parliamentary debate on the 2024 Bill, a prosecution for a serious vilification offence may only be commenced with the consent of the DPP and the DPP must consider all the circumstances, including social, cultural and historical factors, before doing so. This additional prosecutorial burden may impact the effectiveness of these offences, preventing or delaying police from using them when appropriate to respond to seriously hateful conduct which is of concern to the Victorian community.

The Bill will revert these aspects of the anti-vilification laws to the form in which they were introduced into Parliament by the government. In particular, the Bill will amend section 195Q of the Crimes Act 1958 to provide that the DPP’s consent is not required for a police officer to commence a prosecution for a serious vilification offence unless the accused person is under the age of 18 years. Consistent with the approach to the Nazi symbol and Nazi salute offences, this safeguard ensures children’s unique characteristics and vulnerabilities are considered before deciding to proceed with a prosecution.

The Bill also provides that only Victoria Police and the DPP will be able to commence prosecutions for these offences, meaning that private citizens are not able to do so. This will ensure there is a level of experienced prosecutorial oversight before a matter progresses to

court, involving a consideration of whether there is sufficient evidence to support a conviction. It will not prevent any person from making a complaint to police when they think they have experienced or witnessed serious vilification.

Removing the explicit requirement on the DPP to consider surrounding circumstances, such as social, cultural and historical factors, does not mean that the DPP or police officers will not consider such circumstances. Police officers and the DPP would still be required to consider whether alleged offending was likely to incite hatred against, serious contempt for, revulsion towards or severe ridicule of the target person or group with the protected attribute. This necessarily requires taking the surrounding circumstances into account.

These changes will apply to a serious vilification offence irrespective of when it is alleged to have been committed, noting that these offences commenced on 20 September 2025.

Together, these reforms will help facilitate timely, appropriate and effective responses to serious vilification conduct.

I commend the Bill to the house.

 James NEWBURY (Brighton) (12:08): I move:

That the debate be adjourned.

Motion agreed to and debate adjourned.

Ordered that debate be adjourned until later this day.