NSW Has Introduced New Legislation To Protect LGTBQIA+ Community Against Hate Crimes

The NSW Government has announced today that it will introduce new legislation to toughen penalties for hate crimes following a series of disturbing attacks against members of the LGBTQIA+ community.

Reforms to be introduced into NSW Parliament today will expand “post and boast’” offences to cover serious assaults and robberies which have been committed against members of the LGBTQIA+ community. The legislation will also create a new offence directed at offenders who lure victims on false pretences only to offend against them, including via dating apps.

The new legislation comes as a response to an escalating series of attacks against mostly gay and bi men, many of who were lured off Grindr and other dating apps. As reported in a two year ABC investigation, many of these attacks around Sydney were motivated by young IS terrorist sympathisers, while other reports point to radicalisation pathways such as the far-right and “manosphere” influencers.

“Recent attacks have been deeply confronting. These reforms are about making it clear that hatred has consequences and that the law will come down hard on those who seek to harm others,” said Leader of the Government in the Legislative Council, Penny Sharpe.

“Violence against the LGBTQIA+ community has no place in NSW.”

NSW Premier Chris Minns responded to these reports at the time, saying:  “They’re absolutely shocking examples of violent crime in our community directed against individuals because of their sexuality.”

What are the changes?

The maximum penalty in NSW for publicly threatening or inciting violence on the grounds of a protected attribute such as sexual orientation or gender identity will be increased from three to five years’ imprisonment.

An aggravated version of this offence will also be created, punishable by up to seven years’ imprisonment, where violence results from threats or incitement. Amendments to the Crimes (Sentencing Procedure) Act 1999 will also make it easier for prosecutors to prove an offence was motivated by prejudice or hatred.

The aggravating factor which currently applies to offences motivated by hatred or prejudice will be deemed to apply when an offender demonstrates or expresses hatred or prejudice at the time of the offence.

These changes will strengthen the ability of police and prosecutors to pursue hate crime charges and ensure that prejudice-motivated offending is properly recognised and punished by the courts.

The NSW government believes the  new legislation will give police and the courts stronger tools to hold perpetrators to account.

“The attacks we have seen targeting members of the LGBTQIA+ community are sickening and completely unacceptable,” said Premier of New South Wales Chris Minn. “These laws send a clear message that if you target someone out of hatred or try to lure someone into harm, you will face serious consequences.”