Tougher laws against antisemitism and hatred in NSW

Thursday, 6 February 2025

The Minns Labor Government is announcing a series of tough new measures to crack down on a recent escalation of troubling graffiti, racial hatred and antisemitism in the community.

The package of reforms will help give police and the community additional powers and resources to respond to disgusting acts of racial violence and hatred.

It sends a clear message to people who commit these crimes or intend to commit them that these acts have no place in NSW, and they will face severe and harsh penalties if they do.

In response to recent appalling attacks, the NSW Government will:

• Introduce a new criminal offence for intentionally inciting racial hatred, with a proposed maximum penalty of 2 years’ imprisonment.
• Introduce a new offence in section 93ZA of the Crimes Act 1900 directed at the display of a Nazi symbol on or near a synagogue, with an increased maximum penalty to 2 years’ imprisonment, and clarify that that graffiti is a ‘public act’.
• Expand the aggravating circumstance that applies on sentence when an offence is motivated by hatred or prejudice to ensure that it applies whether a crime is partially or wholly motivated by hatred or prejudice. 
• Amend the Graffiti Control Act 2008 to create an aggravated offence for graffiti on a place of worship.
• Introduce a new offence in the Crimes Act 1900 to stop people in or near a place of worship from intentionally blocking access to the place of worship without reasonable excuse, or from harassing, intimidating or threatening people accessing places of worship, and provide police with associated move on powers. This new offence is proposed to have a maximum penalty of 2 years’ imprisonment.

In addition to these strengthened laws, the Minns Labor Government is also announcing:

• Increased funding to support the crucial work of the NSW Police Force Engagement and Hate Crime Unit by $525,000.  This will allow for boosted engagement and communications with the community, including additional synagogue and school visits.
• An increase to the NSW Local Government Social Cohesion Grants Program by $500,000.
• Training to support local governments address rising prevalence of hate crimes.

These reforms build on the significant work of the police over the summer:

• The NSW Police Force launched Operation Shelter on 11 October 2023 to respond to public safety in relation to the current conflict in the Middle East.
  • More than 300 proactive patrols are conducted under Operation Shelter every day. These centre around significant sites such as places of worship.
  • Resources from Traffic and Highway Patrol, the Regional Enforcement Squad, dog unit and Pol Air have also been brought in to help local police on the ground.

• Strike Force Pearl has been established to investigates these hate crimes – and doubled its fulltime dedicated detectives from 20 to 40.

The reforms send a strong message about the seriousness of committing acts of racial hatred and antisemitism, and the NSW Government’s commitment to send a clear message to perpetrators that they will be held responsible for these acts.

Premier Chris Minns said:

“We have seen disgusting acts of racial hatred and antisemitism.

“These are strong new laws, and they need to be because these attacks have to stop.

“NSW is a multicultural state, and these acts designed to intimidate and divide will not work.

“These laws have been drafted in response to the horrifying antisemitic violence in our community but it’s important to note that they will apply to anyone, preying on any person, of any religion.

“If you commit these acts, you will face severe penalties, and we make no apologies for that.”

Attorney General Michael Daley said:

“Blocking access to places of worship, graffitiing sacred sites, or inciting hatred are wholly unacceptable behaviours that have no place in our society. These proposed changes strengthen penalties and expand police powers to maintain order across the community.

“The Minns Government is expanding the criminal law to send a clear message that inciting hatred is not just unacceptable, it will soon be criminal.

“The entire community will be safer as a direct result of these changes. The proposed changes will mean that divisive and hateful behaviours will not succeed in dividing our community.”

Minister for the Police and Counter-terrorism Yasmin Catley said:

“Police are doing everything they can to disrupt and investigate these vile crimes. Today’s announcement will further strengthen their capability to continue this critical work.

“Our community thrives on diversity and mutual respect. We refuse to let those driven by hate divide us.”

Minister for Multiculturalism Steve Kamper said:

"Our multicultural society is one of our greatest achievements, but it is not something we can afford to take for granted. It requires our constant attention.

"The Minns Government will continue to proactively address bad faith actors and explore every avenue to ensure social harmony and that our multicultural society is protected.”

Minister for Local Government Ron Hoenig said:

“It's vital that all tiers of government are united in the effort to stop antisemitism.

“I welcome the additional support and training for councils so that they can expand their work promoting unity and harmony within local communities.”