Conciliation in Dave Pellowe vilification case unsuccessful

The compulsory conciliation conference in the complaint against Christian writer Dave Pellowe has been unsuccessful.

Mr Pellowe, political educator and founder of Church and State Ministries, is facing a complaint of racial and religious vilification for comments about ‘Welcome to Country’ and ‘Acknowledgement of Country’ ceremonies.

As part of this process Mr Pellowe was required to attend a compulsory conciliation conference in the Queensland Human Rights Commission.

While discussions at the conciliation conference remain confidential, the two parties were unable to come to a resolution.

Dave Pellowe said:

“The conciliation conference was surprisingly draining and emotionally taxing. I am blessed that HRLA was in the room with me to advise and guide me through the process. Their wisdom has been invaluable.”

This case is another example of vilification laws being weaponised against people with different views on issues of public importance.

HRLA client Lyle Shelton won his vilification case in August 2023, but only after three and a half years of litigation. He now faces an appeal in that case.

Despite being cleared of any wrongdoing, Lyle has already endured years of costly and stressful litigation that will continue.

Both Lyle and Dave’s cases show that, under these vilification laws, the process itself is the punishment. 

As HRLA Principal Lawyer John Steenhof has said:

“Vilification laws are particularly difficult because they set such a low bar for an offence. Which means they are easily used by people who want to engage in viewpoint suppression.

In many ways, the process is the punishment.

Last week, Melbourne barrister Lana Collaris faced accusations of racism and was publicly condemned by her own colleagues after opening a meeting by acknowledging “all Australians”. Writing in the Australian, Ms Collaris explained her reasoning for not making ‘Acknowledgement of Country’ statements.

Ms Collaris and Mr Pellowe have both shown great courage despite the threat of social condemnation and legal prosecution.

As John Steenhof told Dave:

“When you show courage, it’s contagious. When you go through these cases it gives other people courage. If you show courage, it means that others have a bit more courage to push back.”

HRLA is supporting Dave through this process and will continue to defend his fundamental rights to freedom of speech, expression, and religion.