Australia’s Albanese Government has announced it will divide its proposed gun control and hate crime legislation into separate bills after failing to secure support for a combined package, prompting backlash from LGBTQIA+ advocates who say the move is a “missed opportunity” to strengthen protections for vulnerable communities.
On Saturday, Prime Minister Anthony Albanese revealed the Government would proceed with standalone legislation following political opposition to aspects of its fast-tracked hate speech reforms, introduced in the wake of the December 14 Bondi terror attack.
Originally set to be debated in Parliament this week, the legislation aimed to address racial hatred and antisemitism by criminalising the incitement or promotion of hatred and the dissemination of ideas suggesting racial superiority or inferiority.
“These are important reforms. It is time that the politics stopped,” the Prime Minister said during a press conference. He added that separating the bills would allow major gun reforms to progress without delay.
Opposition and Greens Withhold Support
The decision follows announcements from both the Greens and the Coalition that they would not support the hate speech legislation in its existing form, despite backing the need for such laws in principle.
As a result, the Albanese Government has dropped the proposed offence of racial vilification and will separate gun control measures into a distinct bill.
The now-abandoned clause would have criminalised public incitement of hatred likely to make a reasonable person feel harassed, intimidated, or fearful of violence. The bill also included an aggravated sentencing provision for hate-motivated crimes, and a defence for those quoting religious texts for educational or discussion purposes.
Greens Senator Larissa Waters argued the legislation required a complete overhaul, saying, “It may be simpler to start afresh with a bill that aims to protect everyone from hatred and discrimination.”
Albanese defended the move to split the legislation, stating, “We will only proceed with measures that have the support of the Parliament,” while blaming the opposition, particularly Deputy Liberal Leader Sussan Ley, for blocking progress.
LGBTQIA+ Protections Absent from Reforms
LGBTQIA+ advocacy groups have expressed deep disappointment at the Government’s failure to include queer Australians and people with disabilities in the proposed hate speech protections.
Just.Equal Australia called the exclusion a “missed opportunity.”
“The abandonment of vilification reform is a missed opportunity to make Australia safer for everyone,” said spokesperson Rodney Croome.
He urged cross-party cooperation to pass protections for LGBTQIA+ Australians and others vulnerable to hate, adding: “If the Bondi tragedy has taught us anything, it’s that the Government should not wait until such attacks occur before taking tough action.”
Just.Equal’s submission to the federal inquiry into the anti-hate bill called for broader measures, including:
- Extending protections to cover conduct that humiliates or intimidates, not just racially-motivated actions.
- Police training to identify hate crimes and improved data collection.
- A third-party reporting mechanism for victims.
- Community education campaigns on reporting and the impact of hate crimes.
- Public messaging to promote inclusion of LGBTQIA+ and other targeted groups.
Equality Australia: ‘Pass a Better Bill Next Week’
Equality Australia echoed these sentiments, urging the Government to work with crossbench MPs to extend protections to all communities subject to hate and ensure legislation can pass promptly.
“Parliament has an opportunity to deliver lasting protections for LGBTIQ+ people facing escalating violence and harassment,” said Heather Corkhill, Legal Director at Equality Australia.
“Leaving any group unprotected implies their safety matters less and fractures social cohesion,” she added.
Corkhill acknowledged concerns around freedom of speech but argued that “targeted amendments” could ensure a balance between civil liberties and protection from harm.
“We need protections now, not years down the track,” she said.
Hate Group Ban Legislation Coming This Week
Meanwhile, the Government is preparing to introduce legislation this week aimed at banning hate groups, including neo-Nazi organisations. The bill will be introduced to the House of Representatives on Tuesday before progressing to the Senate.
Ahead of the announcement, white nationalist Thomas Sewell declared that the National Socialist Network – a group likely to be outlawed under the new laws – would disband by 11:59 pm on Sunday, 18 January, just one day before the Government’s announcement.
