This week, the NSW Government introduced legislation to Parliament that would create new criminal offences targeting hate‑motivated attacks against the LGBTQIA+ community. The proposed new hate crime laws are significant, and anyone charged under these provisions, or anyone concerned about how they may be applied, needs to understand exactly what has changed.
This legislation follows a two-year ABC investigation that exposed a pattern of attacks in which gay and bisexual young people were being lured through dating apps, assaulted, and filmed by offenders in what is known as “post and boast.” Figures obtained by the ABC show at least 64 people have been charged in NSW and Victoria alone since 2023 for app-based attacks on LGBTQIA+ people, with many more incidents believed to go unreported.
Hate Crime Laws: The NSW Government’s Response to LGBTQIA+ Attacks
The NSW Government’s response involves four key changes to the law.
- First, a brand-new criminal offence will be created specifically targeting people who lure victims on false pretences, including through dating apps, with the intent of harming them. This is a distinct offence that did not previously exist in NSW.
- Second, the existing “post and boast” laws, which previously applied to motor vehicle theft and break and enter offences, are being expanded to cover serious assaults and robberies directed at LGBTQIA+ people.
- Third, the maximum penalty for publicly threatening or inciting violence on the grounds of sexual orientation or gender identity will increase from three to five years’ imprisonment, with an aggravated offence carrying up to seven years if violence actually occurs.
- Fourth, amendments to the Crimes (Sentencing Procedure) Act 1999 will make it easier for prosecutors to prove an offence was motivated by prejudice or hatred. The aggravating factor will now be deemed to apply when an offender demonstrates or expresses hatred at the time of the offence.
This last change is particularly significant from a criminal defence perspective. Shifting the burden of proof around the aggravating factor, even partially, changes how prosecutors approach charging and how courts approach sentencing in any matter involving alleged prejudice-motivated conduct.
The legislation is currently before Parliament and has not yet passed. If you have been charged with an offence that may involve these provisions, you should seek advice immediately.
This article contains general legal information about the proposed legislation as at March 2026. It is not legal advice.
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Peter O'Brien is the Principal Solicitor of O'Brien Criminal & Civil Solicitors and Australia's leading expert in intentional torts litigation, with over 25 years of experience securing landmark victories in malicious prosecution and unlawful imprisonment cases. Author of Intentional Tort Litigation in Australia and recipient of the Law Council of Australia President's Medal, Peter has achieved record-breaking compensation for clients and is widely recognised for his unwavering commitment to access to justice.
