Today, the Minns Government introduced the Crimes Amendment (Inciting Racial Hatred) Bill 2025 to NSW Parliament. This legislation creates a new criminal offence of inciting racial hatred, with a maximum penalty of 2 years’ imprisonment.
While courts have confirmed that ‘racial hatred’ includes antisemitism, other types of prejudice regularly covered by anti-discrimination laws (including Islamophobia) are not included, meaning a wide range of vulnerable groups in NSW will not be protected. Attorney General Michael Daley has committed to consider the addition of other attributes in the future.
The new offence also includes 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 freedom of expression and religious freedom are both important, both can also be limited to protect other fundamental rights, including freedom from violence. It is not clear why referencing religious texts should excuse acts that intentionally incite racial hatred.
The following comments are attributed to Alastair Lawrie, Director of Policy and Advocacy:
‘The Minns Government has missed the mark with its inciting hatred offence, which will fail to protect many vulnerable groups in the NSW community.
‘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.
‘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, it also makes no sense for sexual orientation, gender identity and sex characteristics to be left out.
‘The Disability Royal Commission highlighted that people with disability also need protection under these kinds of laws.
‘We urge the NSW Government to urgently reconsider its flawed approach to who will be covered under these laws. The fix is simple: add religion, sex, sexual orientation, gender identity, sex characteristics, disability and HIV/AIDS status as protected attributes.
‘A commitment to consider adding other groups in the future is not good enough – they should be added now.
‘We are also concerned about the exception for referencing religious texts for the purpose of religious teaching.
‘If a person intentionally incites hatred against people or groups on the grounds of race 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
