Nazi flags fly in NSW as state government deliberates on ban
Secret government documents have revealed 31 reports of people flying Nazi flags in the past two years. The figures have triggered calls from the Labor Party for the state government to fast-track a ban.
NSW
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Nazi flags have been flown in public, including from suburban backyard flagpoles, at least 31 times in the past two years — but not a single charge has been laid.
Now there are growing calls for the government to act and stop this “racist cancer” in NSW.
State government documents, obtained by the opposition under freedom of information laws, reveal 31 flag incidents were reported to police and were among 112 incidents of anti-Semitism in NSW.
It is against the law to fly a Nazi flag in Germany, Austria and France but it is not illegal to fly one in Australia.
However, under Section 93Z of the Crimes Act, which was introduced in August 2018, it is an offence to publicly threaten or incite violence towards a person or group on the basis of race, religion, sexual orientation, gender identity, intersex or HIV/AIDS status with a maximum penalty of three years jail.
However, it is understood not a single charge was laid in relation to the incidents despite the documents also suggesting a rise in anti-Semitic conduct.
The NSW Attorney-General’s Department documents recorded incidents of Nazi flags up to April 2020, with five occurring in 2018, 23 in 2019 and three this year.
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The documents were released to Upper House MLC Walt Secord from the Attorney-General’s Department and the NSW Police Engagement and Hate Crime Unit after “protracted” discussions with the Department of Communities and Justice.
Five of the 25 released pages handed over were kept concealed.
Mr Secord, who is the deputy chair of the NSW Parliamentary Friends of Israel and is in the process of converting to Judaism, has been calling on the government to investigate ways to ban the public display of Nazi flags since mid-April.
It followed a Nazi flag being flown in a Newtown backyard and also from a light tower in Wagga Wagga.
NSW Attorney-General Mark Speakman confirmed an investigation would take place.
Mr Secord said the suggestion anti-Semitism was on the rise made it paramount that action was taken swiftly.
“It is very clear that the Berejiklian government is doing little to respond to this racist cancer in our society,” he said.
“It is extraordinary and damning that there has not been a single person charged under the laws introduced in 2018.
“The Nazi flag is an emblem of genocide and racism. The decision to fly a Nazi flag is a simple expression of hatred.”
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Except for special cases such as historical film production or for theatrical purposes such as a performance of Anne Frank, there was no reason to display a Nazi flag in NSW outside a home or in a community space, Mr Secord said.
Mr Speakman said the government was awaiting the recommendations from Victorian government’s Legal and Social Issues Committee inquiry into anti-vilification protections.
“The Government will closely consider any recommendations it may make on this issue,” he said.
“These symbols of hatred and anti-Semitism are unacceptable anywhere in our community.
“Those who display these images insult the memory of the millions of victims of the Holocaust and those who died defending the world from this hatred.”
Mr Speakman said anyone who believed that they have been vilified could contact Anti-Discrimination NSW for information or to lodge a complaint.