| 19th
December, 2006
BETH MICKLETHWAITE
Last week the Victorian Supreme Court handed down
its verdict on whether Pastors Danny Nalliah and Daniel Scot
had breached the state’s Racial and Religious Tolerance
Act, upholding the appeal of Catch the Fire Ministries against
the decision of the Victorian Civil and Administrative Tribunal
(VCAT).
"While
it’s understandable to seek to prevent criticism
of a person on the grounds of an inherent aspect such
as race or sex, it is inappropriate for a supposedly
free society to seek to prevent criticism of freely
chosen religious beliefs."
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The decision means
that the orders and penalties imposed by VCAT have been overturned
and the case will be sent back to VCAT for a fresh determination
by a new judge. The Islamic Council of Victoria has been ordered
to pay 50 per cent of Catch the Fire’s appeal costs.
The case highlights the inherent problems and ambiguities
in the Racial and Religious Tolerance Act, which is a very
poorly construed piece of legislation. While it’s understandable
to seek to prevent criticism of a person on the grounds of
an inherent aspect such as race or sex, it is inappropriate
for a supposedly free society to seek to prevent criticism
of freely chosen religious beliefs.
In the wake of the decision, Anglican minister Dr Mark Durie
noted that it was highly problematic for VCAT to be hearing
a case of religious tolerance in the first place, saying the
tribunal “may be the right entity to make rulings on
the heights of buildings in the central business district
of Melbourne, but it is manifestly ill-equipped to find on
matters which are linked into fundamental ideological conflicts
between world religions”.
The Australian Christian Lobby has welcomed the judgement
and renewed its calls for the removal or significant review
of the Racial and Religious Tolerance Act (RRTA). The Victorian
director, Dr Railton Hill, has called the Supreme Court’s
decision a victory for free speech but warned that this basic
civil right would remain in jeopardy until the act was revoked,
or very seriously amended.
“We all seek racial and religious harmony but this law
does not achieve that. The Bracks government is totally isolated
in its stubborn support for the RRTA, with the state Liberals,
Nationals and Greens all calling for its repeal or significant
amendment,” said Dr Hill.
“Other Labor governments in Australia and even other
nations treat the RRTA as an example of how not to legislate
for religious harmony. Mr Bracks should heed (the) findings
and begin work to repeal this terrible piece of legislation,
which restricts freedom of speech and freedom of religion
in Victoria. At the very minimum the religious and civil provisions
should be removed.”
Having won through to this stage, the two pastors now have
to prepare themselves for a fresh determination by VCAT on
the basis of the original evidence. Hopefully the Supreme
Court’s judgement will provide VCAT with a better understanding
of how the Act’s incitement to hatred provisions should
be interpreted.
Beth Micklethwaite
is a research officer at the Australian Christian Lobby.
• For more
information and background on the case, visit www.acl.org.au.
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