Australia is stepping up its fight against hate crimes. Following a rise in hate-motivated incidents, particularly antisemitic attacks, both the Australian Federal Government and the New South Wales (NSW) Government have introduced major changes to hate crime laws. These updates aim to provide stronger protections for vulnerable groups and enforce harsher penalties for offenders.
The Criminal Code Amendment (Hate Crimes) Bill 2025
On February 6, 2025, the Australian Federal Government passed the Criminal Code Amendment (Hate Crimes) Bill 2025. This bill marks a significant update to the country’s hate crime laws which we will discuss in this article.
Expanded Protections
The new legislation expands the range of protected groups. It now criminalizes acts of violence or force against individuals based on sex, sexual orientation, gender identity, intersex status, and disability. This broader approach reflects the government’s commitment to protecting all vulnerable groups from hate-based attacks.
New Offenses
The bill introduces new offenses, such as:
- Threatening violence against protected groups.
- Advocating for damage to places of worship.
- Threatening to damage property owned by members of protected groups.
Stricter Penalties for Hate Crimes Laws
A key feature of this legislation is the introduction of mandatory minimum sentences for certain crimes. For example:
- A minimum 12-month sentence for publicly displaying Nazi symbols or performing Nazi salutes.
- Mandatory minimum sentences ranging from one to six years for various terrorism-related offenses.
NSW Legislation: Tougher Measures for Racial and Religious Protection
The NSW Government followed suit with its own set of enhanced hate crime laws. These changes, which came into effect in February 2025, are aimed at increasing protection for vulnerable groups in the state.
Incitement of Racial Hatred
NSW now criminalizes the public incitement of racial hatred. This new offense carries severe penalties, including up to two years in prison and fines of up to $11,000 for individuals and $55,000 for corporations.
Protection of Religious Institutions
The NSW laws also target the protection of religious institutions. Specific offenses now include:
- Displaying Nazi symbols near Jewish institutions.
- Blocking access to places of worship.
- Harassing individuals accessing places of worship.
Controversy and Criticism on Hate Crime Laws
While many support these legislative changes, some criticisms have emerged.
- Mandatory Minimum Sentences: Legal experts and human rights groups have expressed concerns about mandatory minimum sentences. They argue that such measures may not be the most effective or fair way to address hate crimes.
- Narrow Focus: Some critics argue that the NSW legislation, which primarily targets racial hatred, leaves other vulnerable groups, such as those based on gender identity or disability, unprotected.
- Religious Text Exception: NSW’s inclusion of an exception for quoting religious texts has sparked debate. Advocacy groups question whether this could be used to justify hate speech in certain contexts.
Our Opinion on NSW Hate Laws
We have taken a stand against the NSW Government’s latest attempt to stifle public protest at places of worship. On behalf of our client, Joshua Lees, an activist with the Palestine Action Group (PAG), we have launched a constitutional challenge against the Crimes Amendment (Places of Worship) Bill 2025 to protect the right to protest.
This law, rushed through by the Minns Government in February 2025, grants police new powers to move on protestors gathered near places of worship. We argue that this measure is an unjustified intrusion on the implied constitutional freedom of political communication. Read more here.
What’s Next for Hate Crime Laws in Australia?
As these new laws take effect, their impact will be closely monitored. The government aims to reduce hate crimes and improve safety for vulnerable communities. However, the balance between protecting individuals and maintaining civil liberties remains a topic of debate.
These changes are a strong step forward in addressing hate crimes, but they raise important questions about fairness and effectiveness in the legal system.
For more information on how these laws may affect you or your community, consider speaking with a legal expert. Our team at O’Brien Solicitors can help guide you through these complex legal changes and offer expert advice on your rights and responsibilities.
Read our successful Civil Case Studies.
Need a Civil Lawyer? Protect the Right to Protest
We urge civil rights organisations, legal experts, and concerned citizens to stand with us in opposing this unjust law. The outcome of this case could have lasting implications for protest rights across Australia.
For media inquiries or further information, contact O’Brien Criminal & Civil Solicitors at (02) 9261 4281 or email .
