The new laws to prevent antisemitic attacks, and how they defy expert legal advice

Premier Chris Minns will introduce bolstered hate speech laws once parliament resumes, under sweeping reforms to be implemented in response to Sydney’s antisemitic crisis, defying the state’s expert legal advice body.

Weeks after Minns foreshadowed changes, the state government announced a suite of policies, including the creation of a new criminal offence for intentionally inciting racial hatred, strengthening protections for places of worship and amending existing laws to create an aggravated offence for placing graffiti on these sites.

Antisemitic graffiti at Maroubra in late January.Credit: Rhett Wyman

The new laws come as public schools resume for the year on Thursday, with parents concerned about the safety of their children.

In a letter to parents on Wednesday, the principal of Bellevue Hill Public School in Sydney’s east said security had been bolstered with the presence of guards at night and in plain clothes during the day.

“The Department of Education understands the concerns of the community regarding antisemitism and recent related incidents and takes these concerns very seriously,” she wrote in a letter obtained by the Herald.

Several violent antisemitic attacks since November have intensified calls for reform of NSW hate speech laws. Minns said in late January he believed the genesis of antisemitism was “hateful, racist language” in communities that inspired violent acts, and he would seek to stop the bigotry “at its source”.

Set to be introduced within the first fortnight of parliament, the first policy will make intentionally inciting hatred – currently a civil offence dealt with under the NSW Anti-Discrimination Act – a criminal offence. The change will probably come under section 93Z of the Crimes Act, which makes it a criminal offence to incite violence based on someone’s race, religion or sexuality. It comes with a proposed maximum penalty of two years’ imprisonment.

Chris Minns is pushing ahead with reform to NSW hate speech laws.Credit: Nick Moir

The move comes despite the NSW Law Reform Commission explicitly recommending against the change in a review of 93Z in September last year. The report noted similar laws in WA and Victoria – an argument made by the premier in favour of reform – but said 93Z should not be reformed “simply for the sake of consistency”, particularly given the risk of unintended consequences.

“Expanding criminal vilification offences to cover the incitement of hatred (or similar conduct) could have negative consequences, including upsetting the ‘balance’ of rights and disproportionately impacting certain groups,” the report stated.

A submission by the NSW Jewish Board of Deputies to the review in June last year argued for hate speech laws to be significantly strengthened through reform of section 93Z, including establishing a new criminal offence of inciting hatred.

A second legislative change also relates to section 93Z. The first aspect will create a new offence directed at the display of Nazi symbols “on or near a synagogue”, while the second will broaden the definition of “public act”, ensuring that graffiti is captured.

Protest outside of churches, synagogues, and other holy sites will also be discouraged through the introduction of a new offence in the Crimes Act 1900, from intentionally blocking access to places of worship, or intimidating or threatening people as they enter. Police would be provided with associated move on powers.

In a statement Minns said the new laws were necessary to stop antisemitic attacks intended to “intimidate and divide” the state. The laws were not confined to antisemitism, Minns noted, saying they would 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,” he said.

Attorney General Michael Daley said: “Blocking access to places of worship, graffiting 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.”

With Christopher Harris

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