Victoria's racial vilification laws under fire as anti-Semitism soars
The state's legal defence against bigots who racially or religiously vilify an individual or group has been labelled a 'catastrophic failure' after attempts by police to charge potential offenders were thwarted by the state's Director of Public Prosecutions.
The Herald Sun can reveal the DPP has rejected potential charges proposed by Victoria Police under the laws over six incidents since Hamas' barbaric October 7 massacre in Israel – followed by Israel's deadly bombardment of Gaza – sparked a cultural and religious firestorm.
The charges are understood to be related to the Jewish community and other multicultural communities.
The Office of Public Prosecutions said another five requests for criminal charges were still being investigated.
It comes as racial and religious tensions reach boiling point once again.
Among the cases still being considered is a shocking neo-Nazi protest which occurred on the steps of parliament on December 20 last year – seven months ago.
The black-clad white nationalists who chanted 'the Jews must go' and held up a sign reading 'Jews hate freedom' are yet to face charges.
Victoria Police confirmed that they had referred charges under the act to the OPP.
The group responsible, the Nationalist Socialist Network, has since gone on to stage multiple offensive protests, including one at Northland in which they promoted a racial slur towards African-Australians.
Jewish community advocate Menachem Vorchheimer said the Racial and Religious Tolerance Act – which has been in place for more than two decades – was 'inoperable'.
'This is a catastrophic failure,' he said.
Under the rarely used legislation, police are forced to seek approval from the DPP in order to press charges against a someone they believe has incited or encouraged hatred, serious contempt, revulsion or severe ridicule against an individual or group because of their race and/or religion.
Following a last minute deal with the Greens, under the state's new anti-vilification or hate speech laws — which comes into play next month — police will also have to seek approval from the DPP in order to lay charges.
The extra hurdle for police has raised concerns that the upcoming laws, regularly spruiked by the state government as the answer to the anti-Semitism crisis and rising extremism, has raised fears relevant charges may take months or be blocked altogether.
Jewish Community Council of Victoria chief executive Naomi Levin said failing to lay charges meant potential offenders were given the green light to continue their offensive behaviour.
'An important aspect of the justice system is deterrence, but when no arrests are made for months and months that deterrence is eroded and individuals act with impunity,' she said.
'No one wants to see racist radicals roaming the streets and terrorising local communities.'
Victoria Police's Operation Park, launched in response to increasing acts of anti-Semitism and Islamophobia, has led to 149 arrests, with some dealt prison sentences.
A police spokesman said the force regularly seeks advice from the Office of Public Prosecutions in relation to potential charges under the Act.
He said a number of active matters, understood to be for lower level offences, were before the courts.
A spokesman for the Director of Public Prosecutions said evidence from police, including all relevant statements, footage, interviews and other evidence obtained, can take several months to collate and hand to the OPP.
'Once the evidence has been collated and provided to the OPP, a careful assessment of the prospects of conviction for the RRTA charge can be undertaken,' she said.
Opposition police spokesman David Southwick said police being blocked from taken swift action was a 'fundamental failure of Labor's so-called hate crime laws'.
'At a time when anti‑Semitic and racial hate has surged, police are doing their job with one arm tied behind their back,' he said.
A Victorian Government spokesperson said charges were a matter for Victoria Police and the OPP. She said the new anti vilification laws included tougher penalties, including up to five years imprisonment, which would act as a deterrent. 'This hateful, extremist behaviour and the cowards who push it have no place here in Victoria,' she said.
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