Monique Ryan (Kooyong, Independent) Share this | Hansard source

I move the amendment circulated in my name:

(1) Schedule 1, page 42 (after line 10), at the end of the Schedule, add:

Part 8 — Reporting

Criminal Code Act 1995

65 At the end of Subdivision C of Division of the Criminal Code

Add:

80.2DA Annual report

(1) The AFP Minister must, as soon as practicable after the end of each financial year, cause to be prepared a report about the operation of this Subdivision, and the rest of this Part to the extent that it relates to this Subdivision, during the financial year.

(2) Without limiting subsection (1), the report must include the following matters:

(a) the types and number of alleged offences reported to police;

(b) the types and number of alleged offences referred to a prosecutorial agency;

(c) of the alleged offences referred to a prosecutorial authority, the types and number that were finalised without court proceedings;

(d) of the alleged offences referred to a prosecutorial authority, the types and number that were finalised by a court, including whether a conviction was recorded;

(e) in relation to matters finalised by a court, details of any sentence imposed.

It's clear that the Australian community has insufficient evidence based information in relation to existing hate speech offences. There has been a lot of misinformation about these offences, how they operate and whether they're successful in the prosecution of serious instances of hatred within our communities. To have respectful, fact driven conversations about hate crimes and about how well we are addressing them, we need clear and regular reporting about the incidents, nature and outcomes of those crimes in this country. That data can then guide assessment of the effectiveness of interventions such as the legislation that we are debating today.

At the eleventh hour, earlier today the government agreed with the opposition to include reporting on new aggravated offences for hate preachers and listings of prohibited hate groups within this legislation. Those additions are welcome. But they relate to only two new hate provisions. They are too limited in scope, and they won't take effect for two years. The amendment I put in front of the House now requires the government to provide annual reporting on the effectiveness of existing hate offences under the Criminal Code—those reported to the police, those referred to prosecutorial agencies, those finalised with and without court proceedings—and the details of any sentences imposed. With this I call for anonymised reporting on the substance of those alleged or prosecuted offences and the reasons why some may fail to result in a prosecution.

To date, the convictions, prosecutions and sentencing of crimes committed under the hate regime of the Criminal Code have not reflected the broader community's view on the seriousness of these crimes. I expressed this concern in this place in February 2025. Since that time the laws have been invoked to charge only a handful of people in the face of a very significant number of hate crimes that we know are ongoing within our communities. This is just disproportionate to the seriousness and prevalence of hate crimes in our communities. The reports that would be generated as a result of this amendment will provide a clear and accurate picture of whether a hate crime regime is effective or whether its threshold remains too high to enable meaningful outcomes. The amendment is based on recommendations of expert groups, including the Executive Council of Australian Jewry and the office of Australia's Special Envoy to Combat Antisemitism. We need a better understanding of the effectiveness of this critical piece of legislation. This amendment would represent a constructive contribution to that effect.

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