More than twenty members of the federal parliamentary crossbench have written to the Albanese Government urging the attack on Camp Sovereignty in August to be treated as a hate crime.
The attack on the sacred site on August 31 followed a series of anti-immigration rallies held across the country. In footage seen by National Indigenous Times, around 40 men dressed in black - many allegedly linked to the National Socialist Network (NSN) and some carrying flagpoles and sticks - stormed the Indigenous camp. The footage showed men verbally abusing camp members and stomping on the Aboriginal flag. Some chanted "Aussie, Aussie, Aussie, oi oi oi" before fleeing as police arrived.
Several Aboriginal people were injured, and at least 15 individuals - including NSN leader Thomas Sewell - have been charged over the alleged incident.
Independent Senator Lidia Thorpe said the assault was "an attack on First Peoples" intended to "intimidate, terrorise, and spread fear in First Peoples and the broader black and brown community".
"It was clearly a racially motivated attack and must be investigated as a hate crime," she said.
In a letter seen by National Indigenous Times and sent last week to Prime Minister Anthony Albanese, Indigenous Australians Minister Malarndirri McCarthy, Attorney-General Michelle Rowland, and the heads of Victoria Police, the Australian Federal Police, and the respective Directors of Public Prosecutions, the crossbench called for the alleged attack to be dealt with under hate crime legislation.
Division 80.2A of the Commonwealth Criminal Code Act 1995 makes it an offence to advocate force or violence against a group distinguished by race, religion, gender, or other protected characteristics, whilst Division 100 of the code notes terrorist acts are actions intended to advance a political, religious, or ideological cause and are done to coerce a government or intimidate the public.
The victims of the alleged attack hold protected attributes under legislation, including their racial status, ethnic origin and gender, which the letter notes makes the application of hate crime provisions clear.
Signed by 22 Greens and Independent MPs and Senators, the letter follows an online petition calling for the incident to be recognised as a hate crime, which has gained more than 380,000 signatures. Victorian Aboriginal Legal Service CEO Nerita Waight previously told The Age they "still expect these actions will be investigated as hate crimes and acts of domestic terrorism".
The letter also highlighted the Christchurch massacre, which saw 51 Muslim worshippers murdered, as a need to further crack down on white supremacist groups. It was committed by Australian white supremacist Brenton Tarrant, who was actively involved in the same circles as many in the NSN.
Camp Sovereignty, established in 2006 by Krautungalung Elder Robbie Thorpe, is described as a peaceful place for community gathering, reflection, and ceremony. It is also the resting site of repatriated remains of 38 Aboriginal Victorians.
While Victoria Police's counter-terrorism investigative unit has been involved in the investigation, it is understood neither Victoria Police nor the AFP are currently pursuing hate crime charges under the federal criminal code - despite the alleged racial motivations behind the attack.
Prosecutors opposed bail for Mr Sewell last month, describing him as an "unacceptable risk" to community safety. He and several others were remanded in custody, while others charged have been released on bail pending later hearings.
Most charges so far relate to assault and affray, but do not address the alleged racial motivation. Many of those involved were reportedly associated with the NSN, a white nationalist organisation, and the attack came directly after an anti-immigration rally where racist slogans were chanted.
Last week, Senator Thorpe's own remarks - in which she metaphorically called for "burning down" Parliament House - prompted condemnation from politicians and an AFP investigation. She described the situation as hypocritical, calling it a "racist double standard by any measure" that her comments are being investigated by federal police while the Camp Sovereignty attacks were not.
She argued the responses from both Victoria Police and the AFP had been "weak".
Last month, Victoria Police Superintendent Troy Papworth admitted the force "didn't have intelligence to suggest that there was going to be any issues with Camp Sovereignty" before the rallies but said the camp is now "absolutely front of mind for us in making sure that people are safe" during future protests.
Senator Thorpe said the Commonwealth and law enforcement "must act," arguing that if the same attack had occurred at "a synagogue or a church," the AFP and Government would have "jumped to action".
"But again, First Peoples are treated as lesser," she said.
"This is about justice, accountability, and protecting our communities from the growing threat of far-right terror. These dangerous groups need to be taken much more seriously.
"The safety of our communities must come first. Governments, police, and prosecutors have a duty to act decisively. This is about preventing further attacks, holding perpetrators accountable, and sending a clear message: violence and racism will never be tolerated."
Speaking in the Senate after the incident, Minister Malarndirri McCarthy described the attack as "hateful violence".
"We've seen the chilling footage; dozens of men wearing black storming Camp Sovereignty in Melbourne - a culturally significant site seen as sacred by many, where First Nations people have held a vigil to care for the remains of ancestors," she said.
"But they came to do more than that. They came to stoke fear and they came to silence."
She added: "These kinds of attacks - be they on religious institutions or be they on these culturally significant Aboriginal sites - use hate and violence to divide us. But we will not let them divide us."
