Law Compliance Report - current edition - Report - Page 12
Victoria Update
Justice Legislation Amendment (Anti-vili昀椀cation and Social Cohesion)
Act 2025 (Vic)
On 15 April 2026, Part 3 of the Justice Legislation Amendment (Antivili昀椀cation and Social Cohesion) Act 2025 (Vic) (the Act) commenced
and amended the Equal Opportunity Act 2010 (Vic) (the EO Act).
What's changed?
The key change made by the Act is the introduction
of sections 102D and 102E into the EO Act to prohibit
the vili昀椀cation of a person or group due to a protected
attribute.
Further Information
Section 102D of the EO Act prohibits a person from
engaging in public conduct that is motivated by a
protected attribute of another person or group, where that
conduct would, in all the circumstances, be reasonably
likely to be regarded by a reasonable person with that
attribute as hateful, seriously contemptuous, or as reviling
or severely ridiculing the person or group.
The conduct may occur on a single occasion or across
multiple occasions over time, and may take place within or
outside Victoria. Where conduct is engaged in for multiple
reasons, the protected attribute need not be the dominant
or substantial reason for the conduct to fall within the
provision.
Section 102E further prohibits public conduct that
is reasonably likely to incite hatred against, serious
contempt for, revulsion towards, or severe ridicule of
another person or group on the basis of a protected
attribute. A person’s motive in engaging in such conduct
is irrelevant in determining whether the provision has been
contravened.
Under section 102F, it is also irrelevant whether the
protected attribute is correctly attributed to the person or
group concerned.
Exceptions to sections 102D and 102E apply where the
conduct is engaged in reasonably and in good faith for
artistic purposes, genuine academic, artistic, religious,
scienti昀椀c, or public interest purposes, or for making or
publishing a fair and accurate report on a matter of public
interest.
What you should do
Organisations should ensure that neither the organisation nor its employees engage in conduct that could breach sections
102D and 102E by providing adequate training on these provisions and implementing controls to prevent such conduct.
Policies and procedures should be updated and communicated to relevant staff to ensure awareness of these prohibitions.
For more information please contact our team on 1300 862 667
or visit our website www.lawcompliance.com.au.
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August 2026 Edition | Law Compliance Report
