Today, NSW Parliament passed the Minns Government’s Crimes Amendment (Inciting Racial Hatred) Bill 2025. As a result:
- NSW has a new criminal offence of inciting racial hatred, with a maximum penalty of 2 years’ imprisonment; but
- there is an exception for any public act that incites racial hatred that ‘consists only of directly quoting from or otherwise referencing a religious text for the purpose of religious teaching’.
While courts have confirmed that ‘racial hatred’ includes antisemitism, other types of prejudice regularly covered by anti-discrimination laws (including Islamophobia) are not covered. Attorney General Michael Daley has only committed to ‘consider’ adding other attributes to be protected from ‘hate crimes’ in the future.
The Justice and Equity Centre (JEC) is also concerned about the exception created for references to religious texts. While freedom of expression and religious freedom are both important, both can also be limited to protect other fundamental rights, including freedom from violence.
The following comments are attributed to Alastair Lawrie, Director of Policy and Advocacy at the Justice and Equity Centre:
‘The Minns Government’s new criminal offence for inciting hatred is itself divisive because it excludes more groups than it actually protects.
‘If inciting hatred is to be criminalised, there is no justification for this offence to be so selectively applied, leaving many people who experience public acts of hatred without equivalent protections.
‘If the Government doesn’t address these gaps, they are sending a message that some types of incitement to hatred and violence are more serious than others.
‘While recent disturbing events give good reason for antisemitism to be included, it is unclear why Islamophobia is not given the same protection.
‘Given the rising tide of anti-LGBTIQ+ prejudice in recent years, failing to include inciting hatred based on sexual orientation, gender identity and sex characteristics cannot be justified.
‘The Disability Royal Commission highlighted that people with disability also need protection under these kinds of laws.
‘The Attorney General’s commitment to review what other groups may benefit from these laws, and then ‘consider’ whether they should be added in the future, is simply not good enough.
‘The NSW Government should act with the same urgency it did in passing these laws and come back to Parliament in the next sittings with amendments to add religion, sex, sexual orientation, gender identity, sex characteristics, disability and HIV/AIDS status as protected attributes in this offence.
Comments on the exception for references to religious texts:
‘We are concerned about the exception created for referencing religious texts for the purpose of religious teaching.
‘If a person intentionally incites hatred against people or groups and it is serious enough that they would ‘cause a reasonable person … to fear harassment, intimidation, violence or for their personal safety’, the fact the acts quote from or reference religious texts should be irrelevant.
‘If the NSW Government is serious about combatting hatred, that should include all hatred regardless of its source, rather than effectively saying some expressions of hatred are acceptable.’
Media contact: Media and Communications Manager Dan Buhagiar, 0478 739 280
