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.
Violence, intimidation and abuse have no place in NSW, and everyone deserves to feel safe and respected no matter their background or identity.
Reforms to be introduced into NSW Parliament today 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 pretences only to offend against them, including via dating apps.
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.
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.
This legislation builds on a range of initiatives from the Minns Labor Government aimed at promoting equality and inclusion for LGBTQIA+ communities, including funding Qtopia, banning harmful LGBTQIA+ conversion practices, and establishing the inaugural LGBTQIA+ Advisory Council.
The new legislation will give police and the courts stronger tools to hold perpetrators to account and send a clear signal that hateful attacks against the LGBTQIA+ community will not be tolerated in NSW.
Premier of New South Wales Chris Minns said:
"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."
Leader of the Government in the Legislative Council Penny Sharpe said:
"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.
"Violence against the LGBTQIA+ community has no place in NSW."
Attorney General Michael Daley said:
"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."
