Bills

Summary Offences (Safe Access Zones for Places of Worship) Amendment Bill

Introduction and First Reading

The Hon. F. PANGALLO (15:55): Obtained leave and introduced a bill for an act to amend the Summary Offences Act 1953. Read a first time.

Second Reading

The Hon. F. PANGALLO (15:56): I move:

That this bill be now read a second time.

I rise to introduce my private member's bill, the Summary Offences (Safe Access Zones for Places of Worship) Amendment Bill 2025. As members in this place know, Adelaide is renowned throughout Australia, and indeed the world, as the City of Churches. It is fitting that this legislation is being introduced in South Australia. The New South Wales government introduced a nearly identical bill on 11 February 2025 and passed it the following week. I hope this bill receives Labor's support, as the New South Wales bill has in their parliament.

The 2021 census recorded over 100 different religious affiliations in Australia. Notably, 29.8 per cent of Australia's population were born overseas, reflecting our diverse and multicultural society. Among these religious affiliations, 52.1 per cent of Australians identified as Christian, with the Catholic Church (20 per cent) and the Anglican Church (9.8 per cent) being the two largest denominations. Other significant religious groups included Islam (3.2 per cent), Hinduism (2.7 per cent), Buddhism (2.4 per cent), Sikhism (0.8 per cent), and Judaism (0.4 per cent). The fastest growing religious affiliation in Australia is no religion, which accounted for 38.9 per cent of the population in the 2021 census.

This shift reflects the evolving landscape of religious identity in Australia. However, despite these changes, the fundamental right to religious freedom remains a cornerstone of our society. As the well-known song says: 'we are one, but we are many'. South Australia broadly reflects our nation's cultural and ethnic diversity. We take immense pride in our multicultural heritage and our efforts to reconcile the past with South Australian First Nations groups. Our state has historically stood as a beacon of mutual respect and acceptance of different beliefs and religions.

Afghan cameleers, persecuted minority groups such as the Uyghurs and Mandaeans, Sikhs, Rohingyas, and many other refugee communities have all found a safe haven in South Australia. They have been able to bring their culture, religion and traditions to South Australia, enriching our inclusive and welcoming society.

International human rights law protects the right of every person to practise their religion, including the right to worship, teach and observe their religious beliefs. To fulfil our obligations under international law, all governments have a duty to safeguard the free expression of religious beliefs without interference. This includes taking proactive steps to protect people of faith from hate crimes, discrimination and violence.

This bill represents such a proactive step, responding to disturbing changes in community attitudes and behaviours. Commentators and academics have written extensively about the subtle yet dangerous shifts threatening our long-held freedoms, security and sense of community. International studies show that religious discrimination is on the rise worldwide.

Western democracies, including Australia, are not immune to these troubling trends. Research indicates that extremist and terrorist groups are becoming increasingly active, both in the open, such as the National Socialist Network, and in the shadows of the dark web, such as the Neo-Nazi group Dark Stormer. Not long ago, I held the widespread view that religious freedom in Australia faced no significant threats. At that time, I saw little urgency for enacting a religious discrimination act at the federal level; however, I no longer hold that view.

In the absence of robust federal protections, this bill seeks to protect all South Australians and their places of worship from targeted harassment, threats and violence. Sadly, we have witnessed the rise in antisemitic and anti-Islamic religiously motivated verbal and physical attacks on congregations and places of worship. These include incidents at synagogues, mosques, churches, businesses, cars, private homes, government offices and members of parliament's offices.

The statistics are alarming. Following the 7 October 2023 terrorist attack on Israel by Hamas, South Australia experienced more than a tenfold increase in antisemitic incidents. A December 2024 report in The Advertiser highlighted numerous instances of antisemitic graffiti, verbal abuse, threatening messages, stickers and posters. According to the Executive Council of Australian Jewry, 54 documented incidents of antisemitism occurred in South Australia in the 12 months leading up to 30 September, up from just five the previous year. Julie Nathan of the Executive Council of Australian Jewry observed, and I quote:

There's always been an underlying mood of anti-Semitism, and I think October 7 kind of unleashed it. People feel they can express negative feelings about Jews.

Last week, ASIO Director-General Mike Burgess addressed the Australian Senate, expressing deep concern over the escalating threat of antisemitism in the country. He emphasised that antisemitic incidents have become the agency's top priority concerning threats to life and societal wellbeing. Burgess highlighted a disturbing shift from harassment and intimidation to direct physical attacks on Jewish communities, including arson and vandalism targeting homes, schools and synagogues. He warned that unchecked antisemitic sentiment could lead to further violence, stressing the irrationality of holding Jewish Australians accountable for actions of the Israeli state.

This marks the first instance during his tenure that a form of racism has been ASIO's primary concern. After a very long period of wilful negligent ignorance, last week 30 Australian universities collectively adopted a comprehensive policy to combat antisemitism, aligning with the International Holocaust Remembrance Alliance (IHRA) definition. This initiative, developed by the Group of Eight (Go8) universities in consultation with Australia's special envoy to combat antisemitism, Jillian Segal, and Monash University's Australian Centre for Jewish Civilisation director, David Slucki, aims to protect Jewish Australians from discrimination and harassment.

The policy clarifies that while criticism of Israeli government policies is not inherently antisemitic, it crosses the line when it employs harmful stereotypes, calls for the elimination of Israel or Jews, or holds Jewish individuals collectively responsible for Israel's actions. The definition encompasses discrimination, harassment and violence against Jews, including negative stereotypes, hate speech and Holocaust denial. Universities plan to integrate this definition into their complaints and disciplinary processes to address antisemitic incidents effectively.

While these recent incidents have particularly targeted the Jewish community, we have also seen, similarly, appalling attacks on members of other faiths, including Islam, Baha'i and Uyghur communities. In very alarming news, just in today, a 16-year-old boy has been detained in Western Australia for making mass death threats in relation to a new Sydney mosque, which has just opened on the first day of Ramadan. I thank the Hon. Mira El Dannawi for speaking about Ramadan today, and I also thank her for the card that I received. Thank you very much. The Australian Islamic House president, Mazhar Hadid, said, and I quote:

…the community was profoundly concerned by this threat and take it with the utmost seriousness. We also urge the public to…stand united against Islamophobia and all forms of bigotry.

The New South Wales Jewish Board of Deputies president, David Ossip, said, and I quote:

The community unequivocally condemned the threat. No Australian should have to fear for their safety when attending their place of worship.

This bill is focused on addressing precisely this issue. We do not want people fearing to go to their place of worship because of these ongoing threats and the feelings of hate that are now being vented towards so many faiths. It is not just Islam and, of course, the Jewish community, we have seen it vented against the Catholic community over the years, particularly in recent times when all the child abuse allegations surfaced against the church. There were threats made against the church and others who were connected with it. That is not what we want: we do not want to see people afraid to go to express their faith in these institutions.

The key provisions of the bill seek to ensure that people of faith can attend their places of worship in safety and free from threats, intimidation, harassment or obstruction. The bill amends the Summary Offences Act 1953 to prohibit behaviour that threatens, intimidates or harasses another person near a place of worship. The New South Wales threat targeted a specific place of worship, so it would be covered by this and by federal law.

The bill would also prohibit the obstruction of a person approaching, entering or leaving protected premises designated as places of worship. Unlike the New South Wales bill, which has been criticised for its lack of locational specificity, my bill explicitly establishes a safe access zone extending 150 metres from a place of worship.

In regard to penalties and enforcement, a person found guilty of an offence under these provisions will face a maximum penalty of $10,000. The bill grants police the power to direct a person reasonably suspected of engaging in, or preparing to engage in, prohibited behaviour within the safe access zone to leave the area. Police may also direct individuals to vacate a safe access zone if they believe a prohibited behaviour is about to occur. A person who refuses or fails to comply with a police direction faces a maximum penalty of $10,000. If a person re-enters a safe access zone without reasonable excuse after being directed to leave, they are liable for an additional fine of up to $10,000.

Safeguards and exemptions: the bill provides police with the necessary enforcement powers to uphold its objectives. Persons conducting religious services within places of worship are exempt from these provisions. The minister has the authority to grant exemptions to individuals or groups with or without conditions, which may later be revoked or varied as necessary.

Australia has a proud tradition that people of all faiths can freely attend their places of worship without fear of harassment or obstruction. Blocking or preventing access to a church, mosque, synagogue or other sacred space is entirely unacceptable and must be addressed with strong legislative measures. Every Australian should feel safe when attending their place of worship. These proposed changes provide meaningful penalties and expand police powers to ensure that all people can practice their beliefs in safety. Religious freedom is not just a principle we uphold, it is a human right we must protect.

This bill has received broad support from representatives of major faiths, legal experts and the wider community. I urge members of the Legislative Council to support this vital legislation reinforcing the values of respect, inclusion and tolerance that define our great state. I commend this bill to the Legislative Council.

Debate adjourned on motion of Hon. I.K. Hunter.