Premier Chris Minns introduces new hate speech law amendments

Proposed changes to a law that outlaws threatening or inciting violence based on race or religion have been introduced to parliament today, as government concedes existing laws are not working.

NSW Premier Chris Minns has moved to tighten hate speech laws in the wake of continued incidents in Sydney since wear broke out in Gaza. Pictures: News Corp

Proposals to tighten laws protecting against hate speech, threats and incitement to violence have been introduced by the Minns government today.

Under current laws, police must obtain approval from the Department of Public Prosecutions before laying any charges on people spouting hate speech, a process which can take days.

As a result, multiple faith groups have lobbied the government to make the laws more effective.

The proposed changes to 93Z of the Crimes Act which criminalises threats or incitement of violence over religious or racial grounds, will see NSW Police able to prosecute people without the approval of the DPP.

In its current form, there hasn’t been a successful prosecution under the act since 2018.

NSW Attorney-General Michael Daley said current laws weren’t fit for purpose. Picture: NCA NewsWire / Pool / Bianca DeMarchi

It comes as concerns increase over rising anti-Semitism following the October 7 attack on Israel and the ongoing conflict in Gaza.

Premier Chris Minns said the proposed changes should make the law more effective.

“If you’re going to have a law on the books saying threats and incitement of violence are not allowed in NSW, then it needs to have teeth,” he said.

“There is no room for threats and incitement of violence in NSW.”

NSW Attorney-General Michael Daley said the conflict in the Middle East showed the existing laws were not fit to purpose.

“Some of the alleged behaviour that we’ve seen on the streets has caused us within government to have a look at this provision and then come to the conclusion that it could be better improved,” he said.

Mr Daley said the provision requiring approval from the DPP dis-incentivised police to bring forward charges.

“It’s not helpful and does not advance the cause … to stop unacceptable behaviour and citing threats of violence,” he said.

“Since international tensions have raised domestic tensions here, I think I would be remiss if I left a provision which … didn’t actually serve to protect them.”

Jewish Board of Deputies president David Ossip welcomed the changes, saying existing laws were not working.

“The proposed amendments, if passed into law, will remove a substantial roadblock to prosecuting in a timely and effective manner, those who publicly threaten or incite violence,” he said.

“Such conduct is wholly inconsistent with Australian values and we are hopeful that those who espouse hate against their fellow Australians will soon be able to be prosecuted.”