Recommendation 138

Australia's constitutional democracy means that people are entitled to express their views as long as they operate within our legal framework. However, spreading material or information that undermines Australia's cohesive society, including ideologies that encourage violence and racism, is unacceptable.

A strong framework is in place at the federal level for the prevention of hate speech and incitement to violence.

Under the Criminal Code Act 1995 (Cth), it is an offence to urge violence against groups or members of groups, intending that force or violence will occur as a result of the urging, punishable by imprisonment.

Additionally, the Counter-Terrorism Legislation Amendment Act (No. 1) 2016 (Cth) introduced a new offence of advocating genocide to further respond to the negative impact on our community of people who preach hate.

Australia has comprehensive anti-discrimination laws at federal, state and territory level that are the subject of ongoing review and public debate. The Racial Discrimination Act 1975 (Cth) makes discrimination on a range of grounds unlawful, including race, colour, descent and national or ethnic origin.

The Australian Government supports the National Anti-Racism Strategy and its related public awareness campaign, Racism. It Stops With Me.

Australia has had a dedicated federal Race Discrimination Commissioner since 1986. The Commissioner is established within the Australian Human Rights Commission by the Racial Discrimination Act 1975 (Cth). The Commissioner's functions include promoting understanding and acceptance of the Act, and developing research and educational programmes to combat racial discrimination. The Commissioner leads the National Anti-Racism Strategy and the 'Racism. It Stops With Me' campaign. Information about the Commissioner and work underway can be found on the Race discrimination page on the Australian Human Rights Commission website.

The Australian Government's national annual Harmony Day campaign engages the community in celebrating Australia as a vibrant, diverse and multicultural society that is united by Australia's shared values. It aims to strengthen social cohesion by fostering greater understanding of racial, religious and cultural diversity.

As a nation, we actively celebrate our achievements and diversity and together we confront threats to our social harmony, personal safety and security.

The Australian Multicultural Council, an advisory body to the Australian Government on issues of multicultural policy and programmes, provides support and advice on building stronger and more cohesive communities and addressing barriers to participation, including racism and discrimination.

For information on state and territory policies and programmes related to social cohesion and multiculturalism, visit:

• Australian Capital Territory – Community Services ACT
• New South Wales – Multicultural NSW
• Northern Territory – Office of Multicultural Affairs
• Queensland – Department of Communities, Child Safety and Disability Services
• South Australia – Multicultural SA
• Tasmania – Department of Premier and Cabinet - Communities, Sport and Recreation
• Victoria – Department of Premier and Cabinet - Multicultural Affairs and Social Cohesion Division
• Western Australia – Office of Multicultural Interests

For information on state and territory anti-discrimination laws, visit:

• Australian Capital Territory – ACT Human Rights Commission
• Northern Territory – NT Anti-Discrimination Commission
• New South Wales – Anti-Discrimination Board of NSW
• Queensland – Queensland Government and Anti-Discrimination Commission Queensland
• South Australia – Equal Opportunity Commission SA
• Tasmania – Equal Opportunity Tasmania
• Victoria – Victorian Equal Opportunity and Human Rights Commission
• Western Australia – Equal Opportunity Commission