Australia has recently introduced some of its toughest hate crime reforms in years, particularly in New South Wales (NSW), following a rise in antisemitic incidents, racial intimidation, and hate-based violence. These new laws are aimed at strengthening protections for communities targeted by racism and hate speech, while also increasing criminal penalties for certain conduct.¹
The reforms have sparked national debate about free speech, protest rights, and how far governments should go in criminalising hateful conduct.
Why Were These Laws Introduced?
The NSW Government introduced the reforms in response to a series of high-profile antisemitic attacks, racial incidents, vandalism, and threats targeting religious communities and minority groups. NSW Premier Chris Minns described the changes as a direct response to growing concerns around public safety and social cohesion.²
The laws focus heavily on:
- Public incitement of racial hatred
- Protection of places of worship
- Nazi symbols and extremist conduct
- Expanded police powers around protests and demonstrations
The New Offence: Inciting Racial Hatred
One of the biggest legal changes is the introduction of a new criminal offence for intentionally inciting racial hatred in NSW.
The Crimes Amendment (Inciting Racial Hatred) Bill 2025 amended the Crimes Act 1900 (NSW) to create section 93ZAA. Under this provision, a person commits an offence if they intentionally incite hatred towards another person or group because of race through a public act, where that conduct would cause a reasonable person to fear harassment, intimidation, violence, or concern for their safety.³
Penalties
The offence carries penalties of:
- Up to 2 years imprisonment
- Fines up to $11,000 for individuals
- Fines up to $55,000 for corporations⁴
This represents a major shift because racial vilification had previously been dealt with mainly through anti-discrimination or civil complaint processes rather than criminal prosecution.
Changes Relating to Nazi Symbols
The reforms also expand offences relating to Nazi symbols and extremist imagery.
Displaying Nazi symbols publicly without a reasonable excuse was already unlawful in NSW, but the new laws increase penalties and create aggravated offences for displaying Nazi symbols near:
- Synagogues
- Jewish schools
- The Sydney Jewish Museum⁵
Graffiti involving Nazi imagery is now treated more seriously under the legislation.
New Laws Protecting Places of Worship
Another significant reform is the introduction of offences designed to protect access to places of worship.
Under the amended laws, it is now an offence to intentionally:
- Block access to a place of worship
- Harass or intimidate people entering or leaving
- Disrupt religious gatherings without reasonable excuse⁶
These offences can also carry penalties of up to 2 years imprisonment.
The legislation also gives police expanded powers to issue “move on” directions for demonstrations occurring near places of worship.⁷
Federal Hate Crime Reforms
Alongside the NSW changes, the Federal Government also introduced broader hate crime reforms through the Criminal Code Amendment (Hate Crimes) Bill 2025.
These federal reforms expand protections to include conduct targeting groups based on:
- Race
- Religion
- Sex
- Sexual orientation
- Gender identity
- Disability⁸
The reforms strengthen criminal penalties for serious hate-based violence and threats.
Concerns and Criticism
While many community groups welcomed stronger protections against racism and antisemitism, the laws have also faced criticism from civil liberties and human rights organisations.
Some concerns raised include:
- Potential impacts on freedom of political communication
- Broader police powers affecting peaceful protest
- The possibility of vague or subjective interpretations of “hatred”
- Whether criminal law is the most effective response to hateful speech
The NSW Law Reform Commission had previously recommended against expanding criminal vilification laws, warning that such reforms could introduce uncertainty into criminal law.⁹
Human rights organisations have also questioned whether some protest-related restrictions could unfairly limit lawful demonstrations.¹⁰
What These Changes Mean
The new laws signal a major shift in how Australia — particularly NSW — approaches hate speech and racial hatred. Conduct that may once have resulted in civil complaints or warnings can now potentially lead to criminal charges and imprisonment.
Supporters argue the reforms are necessary to protect communities from fear, intimidation, and escalating extremist behaviour. Critics argue the laws must be carefully enforced to avoid restricting legitimate protest or political expression.
As these laws begin to be tested in courts, they are likely to shape future debates around free speech, racism, protest rights, and criminal justice in Australia for years to come.
- NSW Government, New laws make it criminal to incite racial hatred in NSW, NSW Government Media Releases, 2025.
- NSW Government, NSW passes anti-hatred legislation package, NSW Parliament and Premier’s Media Releases, 2025.
- Parliament of New South Wales, Crimes Amendment (Inciting Racial Hatred) Bill 2025.
- Australian Human Rights Commission, Explainer: New national and NSW hate crime laws, 2025.
- NSW Legislation Amendment materials relating to Nazi symbols and anti-hatred reforms, 2025.
- Crimes Act 1900 (NSW), amendments relating to places of worship protections, 2025.
- Australian Human Rights Commission, Explainer: New national and NSW hate crime laws, 2025.
- Commonwealth Parliament, Criminal Code Amendment (Hate Crimes) Bill 2025.
- NSW Law Reform Commission, previous recommendations on criminal vilification laws.
Human Rights Law Centre, NSW Hate Speech Laws Explainer, 2025.
