ACON, Australia’s largest LGBTQ+ health organisation, says it is profoundly disappointed with the NSW Government’s decision to reject the recommendations of the Honourable John Sackar AM KC’s review of criminal law protections against incitement of hatred.
The Government has decided not to extend existing criminal offences relating to inciting racial hatred to cover additional protected attributes, including sexual orientation and gender identity. ACON says the decision leaves LGBTQ+ people “without equal legal protection against hate-fuelled incitement, despite rising violence and harassment against our communities.”
ACON Director of Policy, Strategy and Research Brent Mackie said the rejection was a missed opportunity to send a clear message that hate directed towards LGBTQIA+ people will not be tolerated.
“Over recent years, we have seen a disturbing rise in hate-motivated speech and violence towards our communities. By refusing to extend these protections, the Government is ignoring the reality that words can cause real-world harm and exacerbate existing health inequities for our communities.
“We need comprehensive laws that protect all people in NSW from hate incitement, regardless of their background, faith, sexuality or gender identity,” Mackie said.
“Everyone deserves the right to feel safe, respected and free from intimidation. By maintaining unequal standards of protection under the guise of freedom of expression and freedom of religion, the Government is failing to uphold that basic right for our communities.”
ACON is calling on the NSW Government to reconsider its position and work with community organisations to develop a holistic response to hate violence, including stronger preventive laws, improved reporting mechanisms, better victim support and evidence-based diversion programs.
Mackie said the Government needed to listen to communities.
“We urge the Government to listen to the communities most affected by hate crimes. Our communities tell us they feel unsafe. Safety cannot be selective; it must be guaranteed for everyone.
“It is time for leadership that matches the severity of the threat and ensures no one in our community is left unprotected.”
In a media release, NSW Attorney-General Michael Daley defended the decision not to adopt the recommendations put forward in the review commissioned by the Government.
“Our Government has consistently supported the development of strong protections against hatred and has taken repeated action to prevent the spread of hate in our community.
“After careful consideration of the Sackar Review and its recommendations, the NSW Government has decided not to expand the existing criminal offence of inciting racial hatred to apply to additional protected attributes.”
The Government said it did not condone hatred, but argued that introducing additional offences would raise complex questions about freedom of expression, freedom of religion and the consistent application of criminal law across the community.
“The Government recognises that there can be competing claims about freedom of expression, religion and identity. Criminal laws need to be clear, workable and capable of being applied consistently, regardless of who is involved,” Daley said.
The report by Justice Sackar was handed to the Government in November 2025 but was not made public until today, when the Government simultaneously rejected its key recommendations.
