Is it against the law for Australians to criticise Welcome to Country ceremonies publicly?

Dave Pellowe, pastor and founder of Church and State Ministries, is about to discover the answer to that question as he prepares to defend himself in the Queensland Human Rights Commission (QHRC) against a complaint accusing him of racial and religious vilification and humiliation regarding his public comments about Welcome to Country ceremonies.

HRLA will be assisting Dave as he defends himself in this matter.

The complaint arose after Dave met with fellow Christians in Queensland for a briefing ahead of the coming state election, at a private event during his Church and State ministry tour.

Dave began the event by citing Psalm 24 rather than with an Acknowledgement of Country, which led to a question about it during the Q&A session afterward. In response, he explained his objections to Welcome to Country rituals, stating that he believes they are incompatible with Christianity.

A participant at the event subsequently made a complaint to the QHRC, alleging his remarks amounted to racial vilification and humiliation.

Dave has stated categorically that his remarks were not intended to humiliate or vilify anyone but were instead an expression of his Christian beliefs:

“[Welcome to Country rituals] are religious rituals which Christians in particular should have no part of. And under a democratic, allegedly secular and pluralistic society, it should also be something that the taxpayer doesn’t fund and the government doesn’t impose. It’s the duty of Christians to preach the truth and gospel and to not mix Christianity with false religion, such as the Aboriginal traditional religion, which is bearing all the hallmarks of paganism … inherently false beliefs.”

“On the principle of it, I will not apologise for preaching the gospel,” he said.

Country Liberal Party Senator for the Northern Territory Jacinta Nampijinpa Price has defended Dave, saying he ‘should be allowed to express his opinion’: 

'This is an example of the supposed right not to be offended being prioritised at the expense of freedom of speech,' she said.

'People should be entitled to express the fact that their beliefs might be at odds with another group's set of beliefs, regardless of which culture or people group are involved - this is simply what it means to value freedom of speech.'

Ms Price said the legal threat was an 'unacceptable encroachment' into freedom of speech which has contributed to Australian democracy.

'We cannot pretend that our society will not suffer if we continue down this path of distorted priorities,' she said.

Vilification and anti-discrimination laws in Australia are increasingly being weaponised to shut down debate on important matters of public interest, and used by activists to threaten and silence those with whom they disagree. It is becoming clear that the process is a punishment in and of itself, as is evident in cases brought against other HRLA clients like Lyle Shelton and Jasmine Sussex. That’s because even if a vilification complaint is not ultimately successful, a respondent to a complaint may expend significant time, cost and effort in defending the complaint and obtaining legal advice. The process may also be unfamiliar and stressful.

To support HRLA as we defend Australians like Dave Pellowe who find themselves targeted for their faith, please consider donating here.