I speak in support of the Anti‑Discrimination Amendment (Religious Vilification) Bill 2023. The bill is a long time coming and seeks to redress the injustice and discrimination experienced by some in our community. I for one am glad to see the conversion and sudden understanding of the importance of the bill by those on the other side of the Chamber. The bill does so by amending the Anti‑Discrimination Act to introduce a civil prohibition on religious vilification, consistent with existing provisions in the Act that prohibit vilification on the grounds of race, homosexuality, HIV/AIDS status and transgender status.

Although Australia is a proudly secular democracy, faith and religion are a core tenet of many people's lives, especially in my community. The recent census showed that people in the Liverpool local government area identified as amongst the most religious in the country. Our richly multi-religious community—which includes Christians of many denominations, Muslims, Buddhists, Sikhs, Hindus, Mandeans and those of many other religions—is quite vibrant. I often engage with people in my community in places of worship. Religions span national, geographic, cultural and ethnic boundaries and may be the focus of individual and/or family identification.

Religious institutions and observances play an important role in catering to people's social, psychological and cultural needs, as well as their spiritual needs. When we speak of the beauty of Australian multiculturalism, we often focus on food, festivals and fun. We focus, rightly, on the innumerable benefits that having diversity in our classrooms, our workplaces and our community spaces brings. However, the complexities of our multicultural and multi-religious society mean that we must have an appropriate legal infrastructure and pathways to enable justice for those who experience religious vilification in our community.

Currently, the Anti-Discrimination Act prohibits religious vilification in a limited manner. For the purposes of the existing racial discrimination provisions, the term "race" is defined to include "colour, nationality, descent and ethnic, ethno-religious or national origin". However, "ethno-religious origin" has been interpreted narrowly in tribunal consideration of the issue. Determining whether a group has an ethno-religious origin for that purpose requires considering evidence about whether members of the group identify with the shared history and customs associated with the group's religious practices. The group should regard themselves as being one community and be viewed by those outside the group as having a distinct and separate identity. That concept has not been found to apply consistently to all religions, with the tribunal having variously held that "Middle Eastern Muslim" is a race within the definition of ethno-religious origin, while "Australian Muslim" is not. The amendments in the bill will ensure that that protection is properly extended to all religions.

Vilification under any of the grounds in the Act and in the bill occurs if a person, by a public act, incites hatred towards, serious contempt for or severe ridicule of a person or group of persons because of a protected attribute or ground. The grounds share a common definition of "public act" that includes any form of communication to the public, including speaking, writing, printing, displaying notices and broadcasting. They share a similar set of exceptions that ensure that particular actions are not unlawful for: fair reports of a public act; communication of any matter on an occasion that would be subject to a defence of absolute privilege under defamation law; or public acts done reasonably and in good faith for academic, artistic, scientific or research purposes or for other purposes in the public interest, including discussion or debate about and expositions of any act or matter. Those exceptions are intended to ensure an appropriate balance with freedom of speech and expression.

Members in this place have a responsibility to ensure that we provide protections for those who are most vulnerable in our community. In my inaugural speech I said that having a voice is powerful. It is a privilege because so many do not have a voice when they should. It is largely people who find themselves vulnerable and without a voice who are currently unprotected. The bill will help redress that. Every so often outrage is transmitted virally via social media and other networks at incidents of racism, discrimination or religious vilification in our public spaces. What we do not often see are the after-effects of those incidents on the people who have experienced the abuse or vilification. The fear and humiliation experienced by people and groups targeted by vilification can prevent them from properly engaging in public life and discussion. It leaves them vulnerable to emotional, psychological and physical impacts that are corrosive to the fundamental identity and soul of a person. Furthermore, experiencing vilification based on such a core aspect of one's identity also underscores the idea that some in our community do not belong.

In an age when we celebrate our rich multiculturalism and reap the benefits of our diversity, it beggars belief that that has not been addressed by previous governments. I acknowledge and commend my predecessor in this place, former member for Liverpool Paul Lynch, for his advocacy and work in addressing that issue as the shadow Attorney General. He understood the importance of ensuring the Anti‑Discrimination Act contained specific protections against religious vilification. It gives me great pleasure to see the current Attorney General and the Minns Labor Government finally moving towards ensuring natural justice for parts of our community that have thus far been denied it.

As the member for Bankstown so rightly said earlier in the debate, the bill is about giving people a shield rather than a sword. It is about providing protections to some of our most vulnerable community members. In doing so, the bill seeks to set a standard that this Government stands for inclusion and acceptance. It tells the young girl in a hijab, the young boy wearing a turban and others who visibly practice their faith that they belong in our community and our society, that if they experience vilification then the problem is with the other person, not with them, and that they can expect this Government and the law to protect and stand up for them and to afford them the dignity of natural justice. I commend the bill to the House.