Racial and Religious Tolerance Act 2001
Encyclopedia
The Racial and Religious Tolerance Act 2001 was implemented by the Steve Bracks
' Labor
government in the state of Victoria, Australia
. It was effective from 1 January 2002.
The expressed objects of the Act are:
On 9 March 2002, Daniel Scot spoke at a seminar concerning Islam
, sponsored by Catch the Fire Ministries, an organization led by Danny Nalliah
. The seminar was attended by three Australian Muslim
s, who along with the Islamic Council of Victoria, launched action under the Act, claiming that the intent of the speech had been to vilify Muslims, rather than to discuss Islam itself. They also complained about written materials which had been distributed by Danny Nalliah. After being considered by the Equal Opportunity Commission, the case was heard by the Victorian Civil and Administrative Tribunal
, and became the first real test case under the Act.
In the landmark ruling on 17 December 2004, the Tribunal ruled that Nalliah, Scot and Catch the Fire Ministries had breached the new law. Writing in The Age
newspaper, David Palmer claimed that the finding by Vice President Michael Higgins meant that "truth is no longer an acceptable defence".
The Vice President heard further submissions regarding 'remedies' early in 2005. On 22 June 2005, Vice President Higgins delivered his final verdict on the religious vilification issue regarding "remedies". He found that financial compensation would be inappropriate, but ordered Nalliah and Scot to take out newspaper advertisements to the value of $68,690 which summarised the findings in the case. Nalliah once again slammed the ruling, comparing the legislation to "sharia law by stealth". He vowed that he would rather go to jail than comply with the ruling. He publicly declared his intention to continue fighting the case, potentially as far as the High Court of Australia
. The Age
newspaper quoted him as stating "We may have lost the battle, but the war is not over. The law has to be removed, there is no question."
The case attracted widespread attention in the United States and Matt Francis
, from the Australian Embassy
in Washington DC claimed that the embassy was; "flooded with messages from Americans concerned to learn that two Christian pastors in Australia are facing accusations of vilifying Islam". He also claimed a significant number of e-mails and phone calls were received about the case.
The Becket Fund for Religious Liberty
, a non-profit interfaith public interest law firm based in Washington, intervened on Pastor Daniel Scot's behalf, and attempted to engage a dialogue with the Attorney General of Australia. The firm sent multiple letters of concern that touched on Australia's Human Rights record. Part of the first exchange stated that:
The US non-profit proceeded to provide funding for legal representation with local counsel, and provided legal arguments employed before the Supreme Court of Victoria
.
Nalliah's lawyers had previously appealed to the Supreme Court of Victoria, in an 'Originating Motion' alleging both that Higgins showed signs of bias, that there were errors in the decision and that the Act itself was unconstitutional. Following the decision, a formal appeal was lodged with the Supreme Court - Court of Appeal - and the Originating Motion was dropped. The Appeal was heard in August 2006.
On 14 December 2006, the Supreme Court of Victoria
(Court of Appeal), allowed the appeal. The court set aside the 2004 orders of the Victorian Civil and Administrative Tribunal
and ordered that the matter be remitted for a second hearing. Further, they ordered that no new evidence be admitted, and that Vice President Higgins not preside over the new hearing. The Islamic Council of Victoria was ordered to pay half of Scot's and Nalliah's legal costs of the appeal.
against the Salvation Army
by Ararat
prison
inmate Robin Fletcher. Prisoner Fletcher, a convicted child sex offender, serving a 10-year sentence, is a Wicca
n who claimed in his suit that the 'Salvos', "posed a danger to his safety", and that the Salvation Army's 'Alpha Christianity' course, offered in jails, discriminated against him on the ground of his Wiccan religion.
Justice Stuart Morris
, the president of VCAT presided over the case, and summarily dismissed Fletcher's claims against the Salvation Army, Corrections Victoria
and course distributors CMC Australasia as "preposterous". He added that the allegations were "nowhere near the mark" of religious vilification. In his summation he called for the Racial and Religious Tolerance Act to be amended to limit people's right to launch a lawsuit."
threatened to take a Melbourne
bookshop, run by the Islamic Information and Services Network of Australasia
to court for alleged breaches of the Act and the Crimes Act.
Books promoting Islamic holy war
and the killing of non-Muslims
who insult Muhammad
were submitted to the Victoria Police
security intelligence unit by the Jewish council. The council's director of policy analysis, Ted Lapkin described the books for sale as; "Extreme jihadist material, explicitly calling for violence against non-Muslims".
Andrew McIntosh
announced prior to the election that the Liberal Party
would repeal the religious section of the "fundamentally flawed" Act. While addressing a protest rally, organised by the Coalition for Free Speech, outside the Victorian Parliament, he said they would keep the act but fine tune it, stating that; "Large sections of the community advocate on behalf of the act, and large sections say it is disgraceful. We need to bring the groups together."
leaders from Melbourne's largest churches gathered 27,000 signatures for the removal of the civil provisions of the Act. They expressed "dismay" at the premiers continued insistence of faith leaders support.
Independent MP Russell Savage
, whose support helped Bracks form Government in 1999, described the act as; "the worst legislation he had ever seen passed".
Jenny Stokes, of the Coalition for Free Speech, which organised a protest rally against the law, said she welcomed the commitment to repealing the act's religious section but wanted a commitment that the Liberals wouldn't replace it.
Steve Bracks
Stephen Philip Bracks AC is a former Australian politician and the 44th Premier of Victoria. He first won the electoral district of Williamstown in 1994 for the Australian Labor Party, and was party leader and Premier from 1999 to 2007....
' Labor
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
government in the state of Victoria, Australia
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
. It was effective from 1 January 2002.
The Act
The explicit purposes of the Act are:- To promote racial and religious tolerance by prohibiting certain conduct involving the vilification of persons on the ground of race or religious belief or activity;
- To provide a means of redress for the victims of racial or religious vilification;
- To make consequential amendments to the Equal Opportunity Act 1995.
The expressed objects of the Act are:
- To promote the full and equal participation of every person in a society that values freedom of expression and is an open and multicultural democracy;
- To maintain the right of all Victorians to engage in robust discussion of any matter of public interest or to engage in, or comment on, any form of artistic expression, discussion of religious issues or academic debate where such discussion, expression, debate or comment does not vilify or marginalise any person or class of persons;
- To promote conciliation and resolve tensions between persons who (as a result of their ignorance of the attributes of others and the effect that their conduct may have on others) vilify others on the ground of race or religious belief or activity and those who are vilified.
The first case
The first ruling on the laws went to the Islamic Council of Victoria against Catch the Fire Ministries on 17 December 2004.On 9 March 2002, Daniel Scot spoke at a seminar concerning Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
, sponsored by Catch the Fire Ministries, an organization led by Danny Nalliah
Danny Nalliah
Danny Nalliah is an Australian Christian evangelist pastor and young earth creationist. He is the leader of Rise Up Australia, a prayer organisation, and the President of Catch the Fire Ministries. Danny Nalliah successfully defended a law suit commenced by the Islamic Council of Victoria under...
. The seminar was attended by three Australian Muslim
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
s, who along with the Islamic Council of Victoria, launched action under the Act, claiming that the intent of the speech had been to vilify Muslims, rather than to discuss Islam itself. They also complained about written materials which had been distributed by Danny Nalliah. After being considered by the Equal Opportunity Commission, the case was heard by the Victorian Civil and Administrative Tribunal
Victorian Civil and Administrative Tribunal
The Victorian Civil and Administrative Tribunal is a government agency in the state of Victoria, Australia. The name is pronounced 'vee-cat'...
, and became the first real test case under the Act.
In the landmark ruling on 17 December 2004, the Tribunal ruled that Nalliah, Scot and Catch the Fire Ministries had breached the new law. Writing in The Age
The Age
The Age is a daily broadsheet newspaper, which has been published in Melbourne, Australia since 1854. Owned and published by Fairfax Media, The Age primarily serves Victoria, but is also available for purchase in Tasmania, the Australian Capital Territory and border regions of South Australia and...
newspaper, David Palmer claimed that the finding by Vice President Michael Higgins meant that "truth is no longer an acceptable defence".
The Vice President heard further submissions regarding 'remedies' early in 2005. On 22 June 2005, Vice President Higgins delivered his final verdict on the religious vilification issue regarding "remedies". He found that financial compensation would be inappropriate, but ordered Nalliah and Scot to take out newspaper advertisements to the value of $68,690 which summarised the findings in the case. Nalliah once again slammed the ruling, comparing the legislation to "sharia law by stealth". He vowed that he would rather go to jail than comply with the ruling. He publicly declared his intention to continue fighting the case, potentially as far as the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
. The Age
The Age
The Age is a daily broadsheet newspaper, which has been published in Melbourne, Australia since 1854. Owned and published by Fairfax Media, The Age primarily serves Victoria, but is also available for purchase in Tasmania, the Australian Capital Territory and border regions of South Australia and...
newspaper quoted him as stating "We may have lost the battle, but the war is not over. The law has to be removed, there is no question."
The case attracted widespread attention in the United States and Matt Francis
Matt Francis
Matt Francis is a Canadian professional ice hockey player who is currently playing with the Nottingham Panthers of the Elite Ice Hockey League.-External links:...
, from the Australian Embassy
Australian diplomatic missions
This is a list of diplomatic missions of Australia, excluding honorary consulates. Australian diplomatic missions are posts representing the Commonwealth of Australia in foreign countries. They are mostly maintained of the Department of Foreign Affairs and Trade, with some smaller posts being run...
in Washington DC claimed that the embassy was; "flooded with messages from Americans concerned to learn that two Christian pastors in Australia are facing accusations of vilifying Islam". He also claimed a significant number of e-mails and phone calls were received about the case.
The Becket Fund for Religious Liberty
The Becket Fund for Religious Liberty
The Becket Fund for Religious Liberty is a non-profit organization based in Washington, DC that describes itself as "a non-profit, public interest law firm defending the freedom of religion of people of all faiths." The Becket Fund operates in three arenas: in the courts of law , in the court of...
, a non-profit interfaith public interest law firm based in Washington, intervened on Pastor Daniel Scot's behalf, and attempted to engage a dialogue with the Attorney General of Australia. The firm sent multiple letters of concern that touched on Australia's Human Rights record. Part of the first exchange stated that:
"Australia is obliged by international conventions to protect rights of conscience, freedom of expression, and equal protection under the law as Australia has ratified the Universal Declaration of Human Rights (UDHR) and its enforcement mechanism, the International Covenant on Civil and Political Rights (ICCPR). The free speech, belief, and religious exercise provisions of Articles 18, 19, and 26 in the ICCPR protect the right freely to preach about and analyze religious truth-claims of competing religions."
The US non-profit proceeded to provide funding for legal representation with local counsel, and provided legal arguments employed before the Supreme Court of Victoria
Supreme Court of Victoria
The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. It was founded in 1852, and is a superior court of common law and equity, with unlimited jurisdiction within the state...
.
Nalliah's lawyers had previously appealed to the Supreme Court of Victoria, in an 'Originating Motion' alleging both that Higgins showed signs of bias, that there were errors in the decision and that the Act itself was unconstitutional. Following the decision, a formal appeal was lodged with the Supreme Court - Court of Appeal - and the Originating Motion was dropped. The Appeal was heard in August 2006.
On 14 December 2006, the Supreme Court of Victoria
Supreme Court of Victoria
The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. It was founded in 1852, and is a superior court of common law and equity, with unlimited jurisdiction within the state...
(Court of Appeal), allowed the appeal. The court set aside the 2004 orders of the Victorian Civil and Administrative Tribunal
Victorian Civil and Administrative Tribunal
The Victorian Civil and Administrative Tribunal is a government agency in the state of Victoria, Australia. The name is pronounced 'vee-cat'...
and ordered that the matter be remitted for a second hearing. Further, they ordered that no new evidence be admitted, and that Vice President Higgins not preside over the new hearing. The Islamic Council of Victoria was ordered to pay half of Scot's and Nalliah's legal costs of the appeal.
The second case
In 2005 the second case using the act was brought to VCATVictorian Civil and Administrative Tribunal
The Victorian Civil and Administrative Tribunal is a government agency in the state of Victoria, Australia. The name is pronounced 'vee-cat'...
against the Salvation Army
Salvation Army
The Salvation Army is a Protestant Christian church known for its thrift stores and charity work. It is an international movement that currently works in over a hundred countries....
by Ararat
HM Prison Ararat
HM Prison Ararat is located in Ararat, Victoria, Australia. HM Prison Ararat is located 200 km west of Melbourne. It provides accommodation for prisoners with low to medium security protection requirements, including a high proportion of sex offenders and protection or special needs prisoners...
prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
inmate Robin Fletcher. Prisoner Fletcher, a convicted child sex offender, serving a 10-year sentence, is a Wicca
Wicca
Wicca , is a modern Pagan religious movement. Developing in England in the first half of the 20th century, Wicca was popularised in the 1950s and early 1960s by a Wiccan High Priest named Gerald Gardner, who at the time called it the "witch cult" and "witchcraft," and its adherents "the Wica."...
n who claimed in his suit that the 'Salvos', "posed a danger to his safety", and that the Salvation Army's 'Alpha Christianity' course, offered in jails, discriminated against him on the ground of his Wiccan religion.
Justice Stuart Morris
Stuart Morris
Stuart Morris QC is an Australian lawyer. He served as a Justice of the Supreme Court of Victoria and as President of VCAT from 2003 until 2007. Former Chairman of the Victorian Government's Local Government Commission, 1986 under the Cain Government. Stuart Morris worked as a barrister, and was...
, the president of VCAT presided over the case, and summarily dismissed Fletcher's claims against the Salvation Army, Corrections Victoria
Corrections Victoria
Corrections Victoria is the Victorian government department established in 2003, responsible for Victoria's corrections system. Corrections Victoria manages approximately 50 Community Correctional Centres in Victoria and is also responsible for the management of the states public prisons as well as...
and course distributors CMC Australasia as "preposterous". He added that the allegations were "nowhere near the mark" of religious vilification. In his summation he called for the Racial and Religious Tolerance Act to be amended to limit people's right to launch a lawsuit."
Islamic holy war books
In July 2005, the Australia-Israel Jewish Affairs CouncilAIJAC
AIJAC, or the Australia/Israel & Jewish Affairs Council, is an organisation headquartered in Melbourne, Australia. It is active in lobbying the Australian government on issues of concern to Australian Jews and in monitoring and publicising events in Israel and the Middle East.The organisation...
threatened to take a Melbourne
Melbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...
bookshop, run by the Islamic Information and Services Network of Australasia
Islamic Information and Services Network of Australasia
The Islamic Information & Services Network of Australasia is an independent Islamic organisation based in Coburg, Victoria, a suburb in Melbourne, Australia. The organisation is led by Samir Mohtadi, better known by his kunya - Abu Hamza. It is a non-profit organisation, and holds regular Islamic...
to court for alleged breaches of the Act and the Crimes Act.
Books promoting Islamic holy war
Jihad
Jihad , an Islamic term, is a religious duty of Muslims. In Arabic, the word jihād translates as a noun meaning "struggle". Jihad appears 41 times in the Quran and frequently in the idiomatic expression "striving in the way of God ". A person engaged in jihad is called a mujahid; the plural is...
and the killing of non-Muslims
Infidel
An infidel is one who has no religious beliefs, or who doubts or rejects the central tenets of a particular religion – especially in reference to Christianity or Islam....
who insult Muhammad
Muhammad
Muhammad |ligature]] at U+FDF4 ;Arabic pronunciation varies regionally; the first vowel ranges from ~~; the second and the last vowel: ~~~. There are dialects which have no stress. In Egypt, it is pronounced not in religious contexts...
were submitted to the Victoria Police
Victoria Police
Victoria Police is the primary law enforcement agency of Victoria, Australia. , the Victoria Police has over 12,190 sworn members, along with over 400 recruits, reservists and Protective Service Officers, and over 2,900 civilian staff across 393 police stations.-Early history:The Victoria Police...
security intelligence unit by the Jewish council. The council's director of policy analysis, Ted Lapkin described the books for sale as; "Extreme jihadist material, explicitly calling for violence against non-Muslims".
Media blitz
In February 2006 Bracks launched a $260,000 media "blitz" to counter community opposition to the act. The advertising campaign was attacked by the State Opposition as a "politically motivated campaign by the Bracks Government using taxpayers' money". The Bracks Government had by the start of 2006 received more than 5000 letters concerning the laws, with the vast majority opposed. Opposition youth spokesman Nick Kotsiras said he believed the campaign was designed to counter strong community opposition to the laws and would be aimed particularly at young people, stating that; "This only illustrates this Government's inability to deal with the cultural differences that exist here in Victoria."Victorian Liberal Party position
State shadow Attorney generalAttorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
Andrew McIntosh
Andrew McIntosh (Australian politician)
Andrew John McIntosh is an Australian politician. He has been a Liberal Party member of the Victorian Legislative Assembly since 1999, representing the seat of Kew. He is currently Shadow Minister for Corrections, Crime Prevention and Integrity of Government and Freedom of Information...
announced prior to the election that the Liberal Party
Liberal Party of Australia
The Liberal Party of Australia is an Australian political party.Founded a year after the 1943 federal election to replace the United Australia Party, the centre-right Liberal Party typically competes with the centre-left Australian Labor Party for political office...
would repeal the religious section of the "fundamentally flawed" Act. While addressing a protest rally, organised by the Coalition for Free Speech, outside the Victorian Parliament, he said they would keep the act but fine tune it, stating that; "Large sections of the community advocate on behalf of the act, and large sections say it is disgraceful. We need to bring the groups together."
Criticism
In January 2006, nineteen ChristianChristian
A Christian is a person who adheres to Christianity, an Abrahamic, monotheistic religion based on the life and teachings of Jesus of Nazareth as recorded in the Canonical gospels and the letters of the New Testament...
leaders from Melbourne's largest churches gathered 27,000 signatures for the removal of the civil provisions of the Act. They expressed "dismay" at the premiers continued insistence of faith leaders support.
Independent MP Russell Savage
Russell Savage
Russell Irwin Savage , Australian politician, was the independent member for the Victorian Legislative Assembly seat of Mildura from 1996 until 2006...
, whose support helped Bracks form Government in 1999, described the act as; "the worst legislation he had ever seen passed".
Jenny Stokes, of the Coalition for Free Speech, which organised a protest rally against the law, said she welcomed the commitment to repealing the act's religious section but wanted a commitment that the Liberals wouldn't replace it.
External links
- "Racial and Religious Tolerance Act 2001"
- The Becket Fund for Religious Liberty Homepage
- The Becket Fund Australia Case Page
- Catch the Fire Ministries website
- Interview with Danny Nalliah on PRODOS Worldwide podcast
- Islamic Council of Victoria v Catch the Fire Ministries Inc (Final) 2004 VCAT 2510 (22 December 2004)
- Submission from Catch The Fire Ministries To the Equal Opportunity Commission of Victoria in response to complaints made by the Islamic Council of Victoria
- Hereticpress editorial on the abolition of free speech on religion
Further reading
- Garth Blake, "Promoting Religious Tolerance in a Multifaith Society: Religious Vilification Legislation in Australia and the UK." The Australian Law Journal, 81 (2007): 386-405.