Opening Statement on Combatting Antisemitism, Hate and Extremism Bill 2026

The Jewish community has a right to be safe and to feel safe. They have the right to practice their religion, to express their identity and to live their lives in our nation in peace and safety. Rising antisemitism in Australia over the past 2 years has corroded these rights. The Bondi mass murder terror attack shattered them.

This Bill seeks to implement legal reforms to address antisemitism, hate and extremism. We welcome government action and focus on these issues. We welcome the review of this Bill by this Committee.

We make the following opening comments:

• We should focus on reforms that will be effective in addressing antisemitism, hate and extremism. Part of this is examining whether existing laws are being sufficiently used and if not, what barriers need to be addressed.
• We should protect all communities that face hate crimes. This means ensuring protections cover not only race-related hate crimes but also hate crimes against people on the grounds of religion, sex, sexual orientation, gender identity and disability. It is only by addressing all forms of hate that we can achieve social cohesion.
• We should avoid unintended but foreseeable harmful consequences. In particular, laws should not overreach. Any limits on freedom of expression, freedom of association and protest rights must be necessary and proportionate to the aim of protecting safety and addressing hate speech.
• International human rights laws that Australia has agreed to comply with provide a framework for promoting safety and addressing hate crime while avoiding unnecessary restrictions on other rights. This Committee and the Parliament more broadly should draw on this framework in assessing this Bill.
• Laws should be sufficiently precise so that it is clear what behaviour is permissible and what is prohibited and so that there is consistency in law enforcement.
• There should be coherence and harmonisation between relevant federal, state and territory laws.
• These are complex issues which are vital to get right. Allowing only three days for this inquiry to review and report on this significant draft legislation is insufficient. It creates risks that the legislation will not be as effective as it should be or will have unintended harmful consequences.
• Finally, law reform is only part of the necessary response to racism, hate crimes and extremism. The Commission’s National Anti-Racism Framework, which we released in November 2024, makes 63 whole of government and whole of society recommendations to address racism. Many of these recommendations align with the reports of the Special Envoys into Antisemitism and Islamophobia. This Framework was based on extensive community consultation and has strong endorsement from civil society. The Australian Government has not yet accepted any of these recommendations.

In conclusion, international human rights laws require government action to protect safety and address hate crime. Actions must be necessary and proportionate where they limit other human rights. Human rights principles provide a compass to guide us in taking the right actions to prevent future attacks and promote a safer, more inclusive Australia for all.

Hugh de Kretser

President

Hugh de Kretser has played a critical role in advancing human rights in Australia for more than 2 decades.

Learn more about Hugh de Kretser