Monday, February 10, 2025

Tough new racial hatred laws unveiled for NSW

The NSW Government has announced a series of tough new measures in response to a recent escalation of racial hatred and antisemitism in the community.

Premier, Chris Minns says the package of reforms will help give Police and the community additional powers and resources to respond to disgusting acts of racial violence and hatred.

“It sends a clear message to people who commit these crimes or intend to commit them that these acts have no place in NSW, and they will face severe and harsh penalties if they do,” said the Premier.

“We have seen disgusting acts of racial hatred and antisemitism. These are strong new laws, and they need to be because these attacks have to stop.

“NSW is a multicultural state, and these acts designed to intimidate and divide will not work.

“These laws have been drafted in response to the horrifying antisemitic violence in our community but it’s important to note that they will apply to anyone, preying on any person, of any religion.

“If you commit these acts, you will face severe penalties, and we make no apologies for that,” he said.

NSW Minister for Local Government, Ron Hoenig said it was vital that all tiers of Government were united in the effort to stop antisemitism.

“I welcome the additional support and training for councils so that they can expand their work promoting unity and harmony within local communities,” said Mr Hoenig.

In response to recent attacks, the NSW Government has pledged to:

  • Introduce a new criminal offence for intentionally inciting racial hatred, with a proposed maximum penalty of 2 years’ imprisonment;
  • Introduce a new offence in section 93ZA of the Crimes Act 1900 directed at the display of a Nazi symbol on or near a synagogue, with an increased maximum penalty to 2 years’ imprisonment, and clarify that that graffiti is a ‘public act’;
  • Expand the aggravating circumstance that applies on sentence when an offence is motivated by hatred or prejudice to ensure that it applies whether a crime is partially or wholly motivated by hatred or prejudice;
  • Amend the Graffiti Control Act 2008 to create an aggravated offence for graffiti on a place of worship;
  • Introduce a new offence in the Crimes Act 1900 to stop people in or near a place of worship from intentionally blocking access to the place of worship without reasonable excuse, or from harassing, intimidating or threatening people accessing places of worship, and provide police with associated move on powers. This new offence is proposed to have a maximum penalty of 2 years’ imprisonment.

In addition to these proposed laws, the NSW Government is also announcing:

  • Increased funding to support the crucial work of the NSW Police Force Engagement and Hate Crime Unit by $525,000.  This will allow for boosted engagement and communications with the community, including additional synagogue and school visits;
  • An increase to the NSW Local Government Social Cohesion Grants Program by $500,000;
  • Training to support local governments address rising prevalence of hate crimes.

Attorney General, Michael Daley said expanding the criminal law sends a clear message that inciting hatred is not just unacceptable and it will soon be criminal.

“Blocking access to places of worship, graffitiing sacred sites, or inciting hatred are wholly unacceptable behaviours that have no place in our society. These proposed changes strengthen penalties and expand police powers to maintain order across the community,” said Mr Daley.

“The entire community will be safer as a direct result of these changes. The proposed changes will mean that divisive and hateful behaviours will not succeed in dividing our community.”

Minister for the Police and Counter-terrorism, Yasmin Catley said Police were doing everything they can to disrupt and investigate the vile crimes.

“Today’s announcement will further strengthen their capability to continue this critical work,” she said.

“Our community thrives on diversity and mutual respect. We refuse to let those driven by hate divide us.”

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