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ew South Wales is set to introduce tougher penalties for hate crimes, following a series of attacks targeting members of the LGBTQIA+ community that have prompted concern among officials and advocacy groups. The proposed legislation, to be tabled in Parliament, aims to expand existing offences and give police and prosecutors clearer pathways to pursue charges where prejudice is involved.
Among the changes is an expansion of so-called “post and boast” offences, which would now apply to serious assaults and robberies where offenders record or share their actions. Authorities say this reflects patterns seen in recent incidents, where violence has been paired with online behaviour that amplifies harm.
The legislation also introduces a new offence targeting individuals who lure victims under false pretences, including through dating apps, before committing acts of violence or intimidation. This measure responds to concerns raised by law enforcement about the evolving methods used to target vulnerable individuals.
Penalties for publicly threatening or inciting violence on the basis of protected attributes, such as sexual orientation or gender identity, are set to increase from three to five years’ imprisonment. An aggravated version of the offence would carry a maximum sentence of seven years where violence follows such threats or incitement.
Further amendments to the Crimes (Sentencing Procedure) Act 1999 are intended to make it easier to establish whether an offence was driven by hatred or prejudice. Under the proposed changes, expressions of bias at the time of an offence could be taken as evidence of motivation, reducing the burden on prosecutors to prove intent.
Premier Chris Minns said the reforms were designed to reinforce community safety. He described the recent attacks as unacceptable and said the changes would ensure those responsible face stronger consequences.
Leader of the Government in the Legislative Council Penny Sharpe said the incidents had been confronting and emphasised the need for a clear legal response to acts driven by hatred.
Attorney General Michael Daley said the measures would help improve access to justice for affected individuals and support more effective prosecution of hate-related offences.
The legislation builds on earlier initiatives from the Minns government, including funding for Qtopia, the introduction of a ban on conversion practices, and the establishment of an LGBTQIA+ Advisory Council.
While the government has framed the reforms as a necessary response to recent events, legal experts and community advocates are likely to examine how the changes are applied in practice, particularly in relation to proving intent and balancing enforcement with civil liberties. For now, the proposal signals a shift towards stricter penalties and a broader definition of hate-related offending in New South Wales.
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