The NSW Government will introduce new legislation to toughen penalties for hate crimes following a series of disturbing attacks against members of the LGBTQIA+ community.
On Tuesday the Minns Labor government introduced new legislation that will expand ‘post and boast’ offences to cover serious assaults and robberies which we have seen committed against members of the LGBTQIA+ community.
The legislation will also create a new offence directed at offenders who lure victims on false pretenses only to offend against them, including via dating apps.
Premier Chriss Minns said the laws were being introduced after a series of reports showing that people were being targeted.
“Everyone deserves to feel safe in New South Wales, no matter who they are.
“The attacks we have seen targeting members of the LGBTQIA+ community are sickening and completely unacceptable.
“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.” the Premier said.
Attacks on people via dating apps have been reported across Australia but a recent ABC investigation showed that attacks in Sydney were linked to terrorist organisation Islamic State.
The maximum penalty 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.
Attorney General Michael Daley said the recent cases were appalling.
“The attacks we have recently seen against members of the LGBTQIA+ community are appalling and have no place in modern society.
“We’re strengthening the ability of vulnerable community members to seek justice and making it easier to charge and prosecute perpetrators of these appalling crimes.” Daley said.
ACON welcomes the new legislation
ACON, the New South Wales organisation that focusses on health and violence prevention for LGBTIQA+ people has welcomed the decision to strengthen hate crime laws.
“Over recent years, the LGBTQ community has been experiencing a rising level of hate. We are especially concerned by robberies and violent attacks against gay and bisexual men who have been lured into unsafe situations through social media apps,” said ACON CEO Michael Woodhouse.
“Effective police work, focused on the safety of victims, helps reduce violence. The new tools created by this legislation should improve community safety by giving police additional ways to hold perpetrators of hate crimes to account.”
“While this legislation is welcome, the violence experienced by our communities demands a comprehensive response. We also need to find ways to increase reporting, better support victims of hate crimes and expand evidence-based programs to divert people expressing hate away from acts of violence.
Over recent years, ACON has worked with NSW Police to warn people in our communities about the risk of violence and to improve police responses to hate crimes.
“While most online interactions are positive and safe, we also recommend that people be aware of their safety by taking practical steps like telling a friend where you are going, doing a video chat before meeting and meeting somewhere where others around,” Woodhouse said. “Trust your instincts and leave the situation if something feels wrong or unsafe.
“If people have been victims of hate crimes, reporting to police helps. If you need support to make a report, ask for a GLLO (Gender Diverse and LGBTQI Liaison Officer). You can also make anonymous reports through Crime Stoppers,” Woodhouse said.
Legislation also welcomed by Sydney’s Inner City Legal Centre but they highlight the need for legal support
The Inner City Legal Centre (ICLC) has welcomed the announcement.
ICLC CEO Katie Green said the legislation introduced to Parliament today sends a welcome and important signal that violence, intimidation and abuse targeting LGBTQIA+ people will not be tolerated in NSW, but that the government needs to go one step further.
“Strengthening penalties for hate crimes and giving police and prosecutors better tools to hold perpetrators to account is a vital step in protecting LGBTQIA+ people.
“To ensure these reforms deliver real protection on the ground, LGBTQIA+ people also need access to culturally safe legal help when they experience discrimination, vilification or violence and that’s where a dedicated LGBTQIA+ community legal service for NSW is critical.”
The Inner City Legal Centre has been providing specialist legal support to LGBTQIA+ people for more than four decades and is widely recognised as NSW’s de facto LGBTQIA+ legal service. However, the Centre has never received dedicated government funding to provide a statewide service.
“Our staff and volunteers stretch every dollar to meet overwhelming demand, but without dedicated funding, we’re forced to turn people away.
“Right now, LGBTQIA+ people in regional and rural parts of NSW are often left without access to safe and culturally appropriate legal support.
ICLC’s recent report A Blueprint for Equality: Resourcing LGBTQIA+ Community Legal Centres found that NSW is falling behind other states in supporting LGBTQIA+ legal services.
Victoria and Queensland both fund standalone statewide LGBTQIA+ legal services. NSW, like Western Australia, has no equivalent service, despite being the most populous state in Australia with a large LGBTQIA+ community.
“LGBTQIA+ people face distinct legal challenges, including discrimination, vilification, housing insecurity and barriers to accessing identity documentation. Many avoid seeking help because mainstream services are not culturally safe or do not have the specialist knowledge required.”
Green said the NSW Government’s commitment to equality and inclusion must be backed by investment in community-based legal support.
“In addition to the legislation before Parliament today, the Government has taken important steps in recent years, including banning conversion practices and introducing equality reforms.
“Funding a dedicated LGBTQIA+ community legal service is the logical next step to ensure those reforms translate into real protection for people on the ground.
“If NSW truly wants to be a national leader on LGBTQIA+ equality, it must ensure our
community has access to the specialist legal support it needs.” Green said.
