A six-month review of New South Wales hate crime laws and protections for vulnerable groups, including the LGBTQIA+ community, has been announced.
“Hate speech is unacceptable and has no place in NSW,” Attorney General Michael Daley said.
Daley today appointed former NSW Supreme Court Justice, the Honourable John Sackar AM KC, to review criminal law hate speech protections for vulnerable communities.
“The NSW Government has put in place a number of measures to strengthen social cohesion,” the Attorney General said.
“And has made it a criminal offence to incite hatred on grounds of race.
“This review by Mr Sackar will consider hate speech protections for vulnerable communities.
“It will look at how they interact with existing rights and freedoms and whether there are avenues for improvement.
“This is important to give vulnerable communities confidence in the effective operation of our laws.”
Sackar will examine whether existing protections are sufficient and recommend any possible improvements following the passage of the Crimes Amendment (Inciting Racial Hatred) Act 2025.
Criminalising the intentional incitement of racial hatred.
The review will consider how protections for vulnerable communities interact with existing rights and freedoms.
Such as the implied freedom of political communication and freedom of religion.
It will also look at any other criminal law reforms that could enhance social cohesion.
Mr Sackar served as Justice of the Supreme Court of NSW between 2011 and 2024.
And was Commissioner for the Special Commission of Inquiry into LGBTIQ Hate Crimes.
Stronger laws are needed to stop hate campaigns
In February, NSW Parliament responded to an increase in antisemitism with legislation that made intentionally inciting racial hatred a criminal offence.
“The state government missed an opportunity earlier this year to protect LGBTQI+ people,” said Equality Australia CEO Anna Brown
“And every other vulnerable community in NSW that is the victim of hate.
“The same extremist groups targeting Jewish communities are also threatening trans people, rainbow families, migrants and other marginalised people.
“We welcome any process that could result in the law being expanded to cover every vulnerable minority.
“Having presided over the recent gay hate crimes inquiry and our state’s ugly history of homophobic violence,” Brown said.
“Justice Sackar is well placed to consider whether our laws need expanding, particularly given the more recent threats and attacks on LGBTIQ+ people.
“Without stronger laws, the perpetrators of these attacks can continue their campaigns of abuse and harassment.
“Which inevitably ends in tragic cases of real-world violence.
“Excluding vulnerable groups from legal protections sends a dangerous and divisive message
“That some people are more important than others and that we value the safety of one community over another.”
Image: InstagramThe LGBTQIA+ community welcomes Sackar’s appointment
In a statement, independent Member for Sydney Alex Greenwich said the appointment of Justice Sackar gives the LGBTIQA+ great confidence in the process.
“Justice Sackar did an exemplary job understanding the experience of LGBTIQA+ hate crimes victims and challenging the NSW Police Force during the special commission of inquiry,” Greenwich said.
“And our community will welcome his appointment,” he said.
“Sadly, today, we are again seeing a rise in hate targeting the LGBTQIA+ community, especially the trans community.
“And it’s important our laws are strengthened to be fit for purpose and deliver protection and justice.
“The Attorney General has indicated the review could lead to further legislative reforms,
“And I will be advocating for that to include specific protections for LGBTQIA+ people from the incitement of hate, as Victoria has recently done.”
Greenwich called for this review to also protect the LGBTQIA+ community during debate on hate crime laws aimed at protecting the Jewish community from antisemitism.
Mr Sackar will report back to the Attorney General by 5 November 2025.
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