Review of criminal law protections against the incitement of hatred

Attorney General Michael Daley has appointed former NSW Supreme Court Justice, the Honourable John Sackar AM KC, to review criminal law hate speech protections. The review findings are to be reported to the Attorney General by 5 November 2025.

What is this about?

The review is to consider criminal law protections against hate speech for vulnerable communities. 

The reviewer will assess whether existing protections are sufficient and recommend possible improvements, following the NSW Parliament passing the Crimes Amendment (Inciting Racial Hatred) Act 2025 (uncommenced), which criminalises the intentional incitement of racial hatred.

Review terms of reference

The Honourable John Sackar (‘the reviewer’) is asked to review and report on the criminal law protections against the incitement of hatred following the introduction of the Crimes Amendment (Inciting Racial Hatred) Act 2025.

In particular, the review should consider:

• ­the sufficiency of criminal law protections against hatred for vulnerable groups in the NSW community, including any improvements that could be made
• the interaction between these protections and existing rights and freedoms, including the implied freedom of political communication and freedom of religion
• any other matters related to criminal law reform that the Government could consider enhancing social cohesion.

The Reviewer

Honourable John Sackar AM KC served as Justice of the Supreme Court of NSW between 2011 and 2024 and was Commissioner for the Special Commission of Inquiry into LGBTIQ Hate Crimes.