Bill to better respond to hate crimes open for consultation

Following recommendations made by the Sentencing Advisory Council, the Government is seeking consultation on a Bill to ensure sentencing takes into account the aggravating factor of targeted, hateful or prejudicial offending.

To fully implement these recommendations, the Government will amend the Sentencing Act 1997, with consultation open until 23 March 2025.

Attorney-General and Minister for Justice, Guy Barnett, said there is no place for this behaviour in Tasmania.

“Offences motivated by hate are completely unacceptable and have no place in our State. To all Tasmanians I would like to say – this is your home, this is where you belong,” the Attorney-General said.

“The overwhelming majority of Tasmanians share this view, and it is important that our legislative framework provides an appropriate means for responding to crimes which are motivated by prejudice or hate.

“A modern Tasmania requires modern legislation – something we’re working hard to deliver through our 2030 Strong Plan for Tasmania’s Future.

“We will always act in the best interests of Tasmanians and ensure our community remains safe.

“I encourage all members of the community with an interest in this important reform to make a submission before the Bill is introduced to Parliament this year.”

The proposed legislation seeks to improve the Act by:

• broadening the scope of section 11B so that it applies as a sentence aggravation factor in cases of prejudicial or hateful motivation based on other attributes in addition to race;
• inserting an illustrative, non-exhaustive list of groups or attributes which are to be captured by the broadened scope of the section 11B; and
• inserting a new section 6A to provide that a court must take into account whether an offender intentionally selected the victim due to vulnerability or personal circumstances of the victim.

A copy of the Bill, fact sheet and details on how to make a submission are available on the Department of Justice website.