The Law Handbook 2024

994 Section 11: Rights, activism and fair treatment at work • whether the proposed exemption is a reasonable limitation on the right to equality (s 8 Human Rights Charter); and • all relevant circumstances of the case. The maximum period for which an exemption can be granted or renewed is five years. Racial and religious vilification under the Racial and Religious Tolerance Act Overview of racial and religious vilification Under the Racial and Religious Tolerance Act, it is unlawful to vilify a person on the basis of their race or religion, subject to the exceptions outlined below. Disputes about racial or religious vilification are handled by the Equal Opportunity Act. Racial vilification (s 7) is conduct that incites hatred against, or serious contempt for, or revulsion or severe ridicule of, an individual or class of people because of their race, colour, descent, ancestry, nationality or national origin, ethnicity or ethnic origin. Religious vilification (s 8) is conduct that incites hatred against, or serious contempt for, or revulsion or severe ridicule of, an individual or class of people because of their religious beliefs or activities, or because they hold or do not hold a religious belief or view, or engage in or do not engage in (or refuse to engage in) a lawful religious activity. Conduct that is covered by the Racial and Religious Tolerance Act can occur in or outside Victoria and can be a single instance or a number of occasions over time. Unlike discrimination laws, the Racial and Religious Tolerance Act is not limited to conduct in specific areas of public life (e.g. work, school, or in the provision of goods and services). Rather, it applies to any vilifying conduct that happens in public. For example, vilifying conduct in the street, on social media, at a community event or in the media is covered by the Racial and Religious Tolerance Act. A person’s motive for engaging in vilifying conduct is irrelevant under the Racial and Religious Tolerance Act. It is irrelevant whether there are multiple reasons for the conduct, provided that race or religious belief or activity is a substantial ground for the conduct (s 9). The Racial and Religious Tolerance Act also: • provides protection from victimisation for: – making complaints or allegations of racial or religious vilification, – bringing proceedings under the Racial and Religious Tolerance Act, – giving evidence, information or a document in relation to proceedings under the Racial and Religious Tolerance Act, – attending a compulsory conference or mediation at VCAT under the Racial and Religious Tolerance Act, or – other actions done under the Racial and Religious Tolerance Act (ss 13–14); • prohibits a person authorising or assisting racial or religious vilification (s 15); • attributes vicarious liability to employers and principals for conduct in breach of the Racial and Religious Tolerance Act unless they can show they took reasonable precautions to prevent it (ss 17–18); • provides criminal sanctions for serious racial and religious vilification offences involving intentional conduct (ss 24–25). Serious racial and religious vilifications can be investigated by Victoria Police. The dispute resolution procedures in the Equal Opportunity Act apply to complaints under the Racial and Religious Tolerance Act. People wishing to enquire about or make a complaint under the Racial and Religious Tolerance Act should contact the VEOHRC (see ‘Contacts’ at the end of this chapter). Exceptions in the Racial and Religious Tolerance Act The Racial and Religious Tolerance Act (ss 11–12) sets out a number of circumstances (i.e. exceptions) in which conduct does not amount to vilification. These exceptions are designed to strike a balance between freedom of expression and freedom from racial and religious vilification. The exceptions apply to private conduct and to certain public conduct. The exceptions to public conduct include conduct engaged in reasonably and in good faith in the performance, exhibition or distribution of an artistic work, in making or publishing a fair and accurate report of any event or matter of public interest, or in the course of any statement, publication, discussion