Shadow Attorney-General Martin Pakula. Photo: Jessica Shapiro
State-based anti-discrimination laws will be introduced to override any move by the Abbott government to water down the Racial Discrimination Act if Labor wins the November state election.
Shadow Attorney-General Martin Pakula has promised Labor will introduce state legislation making it unlawful in Victoria to offend, insult or humiliate people because of their race or origin.
The promise follows concern from Victorian ethnic and religious communities about a proposal flagged by federal Attorney-General George Brandis to remove provisions in the Act that make it unlawful for someone to act in a manner likely to "offend, insult, humiliate or intimidate" someone because of their race, colour or ethnicity.
Labor believes the federal act effectively gives Victoria the option of reviving state-based laws if the Abbott government goes ahead with the changes. Section 6A states that the act does not override or limit state laws.
Opposition Leader Daniel Andrews said there would be no scope for racist insults in Victoria. “Senator Brandis has said people have a right to be bigots,” Mr Andrews said. “Victorian Labor does not agree.”
Multicultural Affairs Minister Matthew Guy has also spoken out strongly against the changes, although it remains unclear what action the Napthine government might take if the changes are introduced.
In March Mr Guy said there should be no place for bigotry in Australia, placing him at odds with Mr Brandis on the subject.
"I am concerned there may be some harmful and unintended impacts upon our community should the exposure draft as it stands be enacted," he told Parliament.
The federal Attorney-General’s department has received over 5500 submissions, most of them expressing concern about the proposed changes.