Following consideration of the Sackar review, the NSW Government will maintain current criminal incitement of racial hatred laws while continuing work on broader measures to address hate-based incidents and discrimination.
The NSW Government thanks the Honourable John Sackar AM KC for his comprehensive review of criminal law protections against the incitement of hatred.
Our Government has consistently supported the development of strong protections against hatred and has taken repeated action to prevent the spread of hate in our community.
After careful consideration of the Sackar Review and its recommendations, the NSW Government has decided not to expand the existing criminal offence of inciting racial hatred to apply to additional protected attributes.
There is no place for hatred in NSW. Everyone deserves to feel safe, respected and free from intimidation, regardless of their background, faith, sexuality or identity.
The Government’s view is that expanding the racial hatred offence to cover other attributes raises complex questions about freedom of expression, freedom of religion, and the consistent application of the criminal law across the community.
The Government recognises that there can be competing claims about freedom of expression, religion and identity. Criminal laws need to be clear, workable and capable of being applied consistently, regardless of who is involved.
We will continue to consider the remaining recommendations in the report and ways to keep the community safe from hatred alongside ongoing action.
This includes the recommendations and findings that will be made by the Royal Commission into Antisemitism and Social Cohesion and the outcome of the NSW Law Reform Commission review of the Anti-Discrimination Act 1977.
We will also continue to work with the Commonwealth to develop a National Hate Crimes Database, which responds to the Sackar Review’s first recommendation.
The NSW Police will consider the recommendations of the Review and work closely with community groups through the Engagement and Hate Crimes Unit, which monitors the prevalence of hate crimes reported to Police.
The Government has already taken significant action to strengthen protections against hate-fuelled behaviour.
This includes strengthening laws to combat hate crimes targeting LGBTQIA+ people, and introducing offences targeting hateful, extremist ideology including public displays of Nazi symbols and public support for Nazi idegology.
