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A new six-month review of New South Wales’ hate crime laws and protections for marginalised groups has been confirmed.
Attorney General Michael Daley has appointed former NSW Supreme Court Justice, the Honourable John Sackar AM KC, to review criminal law hate speech protections for vulnerable communities.
Sackar will examine whether existing protections are sufficient and recommend any possible improvements, after NSW Parliament responded to an increase in antisemitism with legislation that made intentionally inciting racial hatred a criminal offence in February.
“Hate speech is unacceptable and has no place in NSW,” said Daley. “The NSW Government has put in place a number of measures to strengthen social cohesion 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.”
Alex Greenwich calls for hate crime law review to include LGBTQIA+ community
During the debate on hate crime laws aimed at protecting the Jewish community from antisemitism, Independent MP Alex Greenwich called for this review to also protect LGBTQIA+ people.
“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 LGBTIQA+ people from the incitement of hate, as Victoria has recently done,” said Greenwich.
“Sadly today, we are again seeing a rise in hate targeting the LGBTIQA+ community, especially the trans community, and it’s important our laws are strengthened to be fit for purpose and deliver protection and justice.
Greenwich said because Justice Sackar was also the Commissioner of the Special Commission of Inquiry into LGBTIQ hate crime deaths between 1970 and 2010, LGBTQIA+ people can have great confidence in the review’s 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, and our community will welcome his appointment.
Equality Australia also welcomed the review.
“The state government missed an opportunity earlier this year to protect LGBTIQ+ people and every other vulnerable community in NSW that is the victim of hate,” said Equality Australia CEO Anna Brown.
“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.”
Sackar is due to report back to the Attorney General by 5 November 2025.
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