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Disability Representative Organisations acknowledge the passage of the Combatting Antisemitism,
Hate and Extremism (Criminal and Migration Laws) Bill 2026 (Cth) and the additional protections it
introduces to address serious forms of hate and extremism in Australia. The event of 14 December
2025 targeting the Jewish community at Bondi beach was an abhorrent act of hate and
antisemitism. Such acts have no place in our Australian community. Strengthening legal responses
to hatred and violence is an important part of improving social cohesion and community safety.
However, the Bill does not deliver comprehensive protection for minority groups, including people
with disability and the LGBTQIA+ communities. While it strengthens responses to serious
extremism and hate-motivated conduct, it does not introduce a federal criminal offence for serious
vilification. Instead, at the federal level, criminal liability remains largely limited to speech that urges
or threatens the use of force or violence against targeted groups. As Disability Representative
Organisations have consistently argued, including through previous submissions, this threshold is
too high and does not reflect the serious psychological and community harm caused by serious
vilification that falls short of urging or threatening violence.
We note that the Bill introduces aggravated sentencing provisions for hate-motivated offending.
While we welcome recognition that crimes motivated by hatred warrant stronger sentencing
responses, we are disappointed that people with disability and LGBTIQA+ communities were
excluded from these provisions. We are also disappointed that amendments which would have
extended aggravated sentencing to additional targeted groups were not adopted. This outcome
perpetuates gaps in Australia’s hate crime laws and results in unequal treatment of communities
experiencing forms of identity-based harm.
Disability Representative Organisations are concerned that Australia’s hate speech and vilification
laws, taken together across jurisdictions, continue to fall short for people with disability.
Protections remain inconsistent, and people with disability are not reliably or explicitly covered
across legislative frameworks. Hate speech reform is therefore not finished business. To achieve
social cohesion, hate speech and vilification laws must operate within a comprehensive, consistent
and rights-based legal framework that provides equivalent protection across protected attributes,
including people with disability.
Further reform is necessary to address gaps in Australia’s hate speech and vilification framework
affecting people with disability, LGBTQIA+ communities and the settings in which our communities
experience identity-based hatred. This includes congregate environments such as group homes,
aged care facilities and other institutional settings, where harm is often underreported and
insufficiently addressed under our existing laws. We urge Parliament to commit to this next stage
of reform and to meaningful co-design with affected communities.
We acknowledge strong safeguards must sit alongside any expansion of hate and extremism laws.
These safeguards are essential to protect procedural fairness, democratic participation and human
rights. This includes ensuring laws do not unintentionally restrict peaceful protest, non-violent
resistance, political expression or community advocacy, and that enforcement powers are applied
proportionately and transparently with independent oversight.
We also acknowledge the need for protections for people with disability who may be subject to
criminal justice processes. A recent case in Victoria highlighted failures in the conduct of law
enforcement when engaging with a young person with disability who was charged with terrorism
offences. This demonstrates the pressing need for safeguards that ensure people with disability are
treated fairly and safely by law enforcement and met with support, not punishment, when harm
arises from unmet needs or systemic barriers.
The signatories to this statement are united in our readiness to participate in a genuine, meaningful
co-design process with government and Parliament to progress the next stage of reform. The
Disability Royal Commission laid bare the scale and severity of violence, abuse, neglect and
exploitation experienced by people with disability, including identity-based harm in closed and
institutional settings. This harm continues to occur. Adequate legal protections and effective
recourse against identity-based harm are a necessity for people with disability.
We will continue to advocate for a Human Rights Act and reforms that uphold the human rights of
people with disability and strengthen Australia’s hate speech and vilification laws so they deliver
real protection in practice. People with disability have the right to live free from hatred and
vilification, and future reforms must reflect that fundamental principle.
Statement endorsed by:
- Australian Autism Alliance
- Children and Young People with Disability Australia
- Community Mental Health Australia
- Disability Advocacy Network Australia
- Down Syndrome Australia
- National Ethnic Disability Alliance
- People with Disability Australia
- Physical Disability Australia
- Queensland Advocacy for Inclusion
- Women With Disabilities Australia
