Examples of conciliated vilification complaints
In NSW it is generally against the law to vilify people because of their:
This includes vilification because someone is thought to be lesbian, gay or transgender even if they are not, or thought to have HIV or AIDS, even if they don't.
NSW anti-discrimination law defines vilification as a public act that could incite or encourage hatred, serious contempt or severe ridicule towards people because of the above characteristics.
The vilification law only covers acts that are in public. It does not cover acts that are not public, for example abuse over a back fence that no-one else can hear.
Public acts could include the following:
To work out whether a particular act is covered by the vilification law, there are three things to check:
Freedom of speech is also important in our society, so the vilification law makes allowances for this. The following are not against the law:
If you are not sure about whether the act you are concerned about is against the law, phone our Enquiry Service for more information.
You can try talking to the person or organisation that is causing the problem. Use whatever help you can. There are a range of community organisations that may be able to help you, for example:Racial vilification - an ethnic community organisation, a migrant resource centre (see the phone book for listings), the Aboriginal Legal Service on (02) 8303 6600, or any other Aboriginal community organisation.Homosexual vilification - the Gay and Lesbian Counselling Service on (02) 8594 9596 or 1800 184 527, or the Gay and Lesbian Rights Lobby on (02) 9571 5501.Transgender vilification - the Gender Centre on (02) 9569 2366 or 1800 069 115, the AIDS Council of NSW on (02) 9206 2000 or 1800 063 060, or the Sex Workers Outreach Project on (02) 9319 4866 or 1800 622 902.HIV/AIDS vilification - the AIDS Council of NSW on (02) 9206 2000 or 1800 063 060, or the National Association of People Living with HIV and AIDS on (02) 8568 0300 or 1800 259 666.
It is a crime to publicly threaten or incite violence on the grounds of race, religion, sexual orientation, gender identity, intersex or HIV/AIDS status. Complaints about public threats of violence or incitement to violence should be directed to NSW Police.
The new offence of publicly threatening or inciting violence (section 93Z, Crimes Act 1900) replaced the “serious vilification” offences in NSW anti-discrimination law on 13 August 2018.
the Gay and Lesbian Anti-Violence Project on (02) 9206 2116 or 1800 063 060
a chamber magistrate to discuss the possibility of getting an 'apprehended personal violence order', that is, an order to prevent any further violence. More information about getting an apprehended personal violence order
the police - You can ask to speak to a Police Aboriginal Community Liaison Officer, a LGBTIQ Liaison Officer (known as GLLO) or an officer of your own ethnic or ethno-religious background.
If you need further help in dealing with the police, you can contact the Police Customer Assistance Unit on 1800 622 571.
Depending what type of media is involved, you may be able to complain to:
Of course, you can also complain to the editor or manager of the media organisation causing the problem.
If you are having a problem with your neighbour, the Department of Human Services or Housing NSW or a Community Justice Centre may be able to help you. You can also contact a Community Justice Centre, as they mediate problems between neighbours.