The New South Wales government has decided against expanding hate speech laws to protect additional vulnerable groups, rejecting a key recommendation from a commissioned review. The decision means that inciting hatred based on characteristics such as sexual orientation, disability, gender identity, and religion will not be criminalized under the state’s Crimes Act, while incitement to racial hatred will remain an offense. This outcome follows a period of government secrecy surrounding the review’s findings.
Review Commissioned Amidst Rising Concerns
The review, conducted by former Supreme Court judge John Sackar KC, was initiated by the Minns government to assess the potential extension of hate speech protections beyond race to encompass other communities. This move came after a spate of antisemitic incidents, prompting the government to announce in 2025 its intention to amend the Crimes Act to make inciting hatred illegal. This legislative push, however, initially only covered race-based hate speech, drawing criticism from advocates for disability and LGBTIQA+ communities who argued for equal protections.
The government’s decision to commission Mr. Sackar’s review aimed to address these calls for broader protection. The review’s findings were completed in November of the previous year but were kept from public view for several months, leading to clashes with upper house members seeking its release. The government’s refusal to disclose the report led to significant political friction, including the parliamentary suspension of Labor frontbencher John Graham.
Key Recommendations and Government’s Stance
Upon the report’s eventual release, the government publicly stated its decision to reject the central recommendation regarding the expansion of hate speech laws. Attorney-General Michael Daley explained that the government views the matter of extending hate speech offenses to cover attributes beyond race as raising “complex questions” concerning freedom of expression, freedom of religion, and the consistent application of criminal law.
Mr. Sackar’s report highlighted an inconsistency in existing laws, noting that while inciting violence is illegal based on a range of characteristics including race, religion, sexual orientation, and HIV status, inciting hatred was only explicitly criminalized for race. He argued that this disparity could foster a perception of a “hierarchical, two-tier model of protection” and was “detrimental to social cohesion.” The report recommended greater uniformity, suggesting that both offenses should protect the same groups.
Specifically, Mr. Sackar recommended that disability be included as a protected attribute against incitement to both hatred and violence. Beyond legal protections, the report also put forth recommendations for improved hate-based conduct reporting mechanisms, enhanced public education initiatives, and specialized training for police officers.
Government’s Path Forward and Criticisms
While rejecting the core recommendation to expand hate speech laws, the Minns government indicated it would continue to consider the remaining aspects of Mr. Sackar’s report. Attorney-General Daley stated that future policy decisions would also be informed by an ongoing NSW Law Reform Commission review into anti-discrimination laws and the recommendations stemming from the royal commission into antisemitism.
“There is no place for hatred in New South Wales,” Mr. Daley affirmed. “Everyone deserves to feel safe, respected and free from intimidation, regardless of their background, faith, sexuality or identity.”
However, the government’s handling of the report has drawn sharp criticism from the Greens. Greens MP Amanda Cohn accused the government of employing “childish tactics” and engaging in “months of secrecy” that have left marginalized communities experiencing “worsening hatred and division.”
“This report has been sitting on the government’s desk since November last year,” Ms. Cohn stated. “More than half of its recommendations don’t require legislative change. The Minns Labor government ‘continuing to consider’ the remaining recommendations after seven months is kicking the can down the road on critical matters of safety and inclusion.”
Broader Legal Context
It is important to note that inciting violence against individuals based on various characteristics, including race, religion, sexual orientation, intersex status, or HIV status, is already illegal in New South Wales. The debate and the Sackar review focused specifically on the criminal offense of inciting hatred, distinct from inciting violence. The government’s decision maintains the existing legal framework where inciting racial hatred is a criminal offense, but extending this specific prohibition to other protected attributes has been deemed too complex for legislative action at this time.
