New Victorian Hate Speech Laws Protecting LGBTIQ+ Communities
Victoria leading the way. The Victorian Parliament has passed expanded anti‑hate speech laws that explicitly protect LGBTIQ+ people, including trans and gender diverse folks, from serious vilification – on the street and online.
New criminal offences are already in place, with stronger civil protections kicking in by 30 June 2026. Community legal centres and human rights groups are calling it a vital step towards saying "hate has no place here".
What you'll learn in this article
- What Victoria's new anti‑hate speech laws actually do
- How LGBTIQA+ communities are included and protected
- Why community legal and human rights groups are welcoming the reforms
- What happens next, and where to get help if you experience vilification
In April 2025, the Victorian Parliament passed the Justice Legislation Amendment (Anti‑vilification and Social Cohesion) Act, a major overhaul of the state's hate speech and vilification laws. The reforms were developed after years of consultation and a parliamentary inquiry that found existing protections were too narrow and too hard to use. Criminal provisions began in September 2025, with expanded civil protections set to commence by 30 June 2026.
Under the changes, protections once limited to race and religion now explicitly cover disability, gender identity, sex, sex characteristics, sexual orientation and people associated with someone who has a protected attribute. That means LGBTIQ+ communities, including trans and gender diverse Victorians, are now directly covered by both criminal and civil anti‑vilification provisions for the first time. Equality Australia has described the reforms as offering "the first ever protections for LGBTIQ+ people against hate speech" in Victoria.
What counts as serious vilification?
The laws create new criminal offences for serious vilification, such as inciting hatred, serious contempt, revulsion or severe ridicule, or threatening physical harm against someone because of a protected attribute. These offences carry penalties of up to five years' imprisonment and are aimed at the most extreme forms of hate, including coordinated abuse and threats on the street or online.
Less serious but still harmful conduct can be pursued through strengthened civil protections, including orders to apologise, retract statements or remove vilifying material from websites and social media.
Community legal centres, led by the Federation of Community Legal Centres, have welcomed the passage of the Bill as an "essential" step for communities facing sustained hate. Federation CEO Louisa Gibbs said the laws will protect people already experiencing systemic injustice, including LGBTIQA+ communities, while still allowing grassroots advocates to speak out against unfair laws and policies.
The Human Rights Law Centre has also praised the reforms for signalling that Victoria "stands against all forms of vilification" and for building in safeguards to reduce the risk of the laws being used against the very groups they are meant to protect.
The reforms build on the existing Racial and Religious Tolerance Act, which has long prohibited vilification that incites hatred or serious contempt based on race or religion. To address free‑speech concerns, the new laws preserve exceptions for activities such as artistic work, academic discussion and some forms of religious expression, provided they are carried out reasonably and in good faith. The Victorian Government says the aim is to protect people from serious harm while ensuring robust public debate and protest remain possible.
From mid‑2026, a queer or trans person in Victoria who experiences hate speech because of their gender identity or sexuality will have clearer avenues to seek help, including through the Victorian Equal Opportunity and Human Rights Commission and the Victorian Civil and Administrative Tribunal. The Commission's powers are being expanded so it canbetter respond to vilification complaints, including facilitating dispute resolution and, in some cases, seeking orders to address ongoing harm.
The government and legal organisations stress that the impact of the reforms will depend on proper resourcing, community education and careful monitoring of how the new offences are enforced.