Today the NSW Government has announced that it will amend the Crimes Act 1900 to criminalise the incitement of racial hatred. The offence would carry a maximum penalty for an individual of two years’ imprisonment, fines of up to $11,000, or both, while corporations can face fines of $55,000.

The incitement of violence on the basis of race, religious beliefs, sexual orientation, gender identity, intersex status and HIV status is already illegal, and rightly so. These laws protect our community while not unreasonably burdening free speech. The proposed changes expand these laws to criminalise only the incitement of racial hatred and will have the effect of expanding existing divisions in our community.

By way of example, there is a dispute between members of the Indian diaspora in NSW regarding the formation of Khalistan, a Sikh nation. This is a movement that is often opposed by Hindu groups. If these communities were to vilify each other, the definition of ‘race’ in our criminal law is such that the new laws would have the effect of only leading to the prosecution of the Hindu groups because of the ethno-religious or national elements of the Sikh community that does not apply to the Hindu religion. 

These perverse outcomes, and also the likely overrepresentation of Aboriginal and Torres Strait Islanders, marginalised communities, people with a disability, children and young people in prosecutions, were all foreseen in the findings of the review into section 93Z of the Crimes Act that was handed to the government late last year. 

The review into s93Z outlined that provisions like those suggested by the Minns’ Government are imprecise and subjective. Further, the review made clear they go against the advice of the UN Committee on the Elimination of Racial Discrimination which warned that restrictions on freedom of speech should not be “broad or vague”. 

The NSW Government has not consulted with legal and human rights experts or broader civil society groups on these proposed new laws and they should abandon these laws until they do. 

The NSW Government’s Crimes Amendment (Places of Worship) Bill 2025 creates an offence with a potential two years imprisonment and/or a $22,000 fine for blocking, impeding or hindering access to places of worship. It grants NSW Police the extraordinary powers to arrest and move on people in or near a place of worship for any reason. 

Concerningly, these offences could be used to charge members of the faith protesting their own organisation, sexual abuse survivors demanding justice and any snap rally or assembly that happens within a vicinity of a place of worship, such as Town Hall.

The NSW Government has not consulted with legal, civil liberties and human rights organisations on the legislation. The Australian Constitution creates an implied freedom of political communication. These laws are clearly unconstitutional and will be subject to challenge.

Last week the NSW Labor Government announced a number of new laws that will repress people’s right to protest. Including, a new criminal offence to prevent protest in or near a place of worship where those people blocking access to a religious institution could face up to two years in jail. The government has said police will be given increased power to move protestors on and arrest them. 

It is unclear what further powers the police will be granted as the Law Enforcement (Powers and Responsibilities) Act 2002 already gives NSW Police officers extraordinary powers to move people on including for obstructing another person or traffic; harassing or intimidating another person or persons; or causing or likely causing fear to another person.  

The measures risk impacting a wide cross-section of our community, including survivors of church sexual abuse, students, teachers, healthcare workers, anti-war protestors, LGBTIQA+ people and their allies and First Nations people or any NSW resident who directly or indirectly obstructs access to a place of worship in order to campaign for their rights. 

These laws seek to protect religious institutions, who exercise large amounts of political power in Australia and the world, at the expense of individual democratic freedoms. This unfairly shields them from public opposition.  

Today the NSW Government has announced a raft of new laws that will unduly restrict freedom of speech and the right to protest. 

The proposed laws go against the findings of the review into section 93Z of the Crimes Act that was handed to the government late last year. The review into s93Z outlined that provisions like those suggested by the Minns’ Government are imprecise and subjective. Further, the review made clear they go against the advice of the UN Committee on the Elimination of Racial Discrimination which warned that restrictions on freedom of speech should not be “broad or vague”. 

The NSW Council for Civil Liberties echoes the concerns raised by many submissions that the proposed vilification offences could disproportionately impact disadvantaged groups, including Aboriginal and Torres Strait Islander peoples, people with disability and young people. 

The NSW Government has not consulted with legal and human rights experts or broader civil society groups on these proposed new laws and they should abandon these laws until they do. 

Council for Civil Liberties says Minns government is at risk of making ‘reactionary’ legislation as pressure mounts to stem further attacks

NSW Premier Chris Minns has come under criticism as he has continued to call for the limiting of protest rights in NSW. Recently Amnesty International Australia have criticised his calls to ban Palestine protests outside places of worship.

This call first came from Jillian Segal, the Antisemitism special envoy appointed by Prime Minister Anthony Albanese who described the Palestine rallies as "intimidatory".

After the Adass Israel synagogue was firebombed, Anthony Albanese said he “cannot conceive of any reason, apart from creating division in our community, of why someone would want to hold a demonstration outside a place of worship”.

In response to this a variety of individuals and groups have criticised this statement, such as survivors of clergy abuse.

This week the Minns Labor Government announced they are considering introducing laws to criminalise protest outside of religious institutions. NSWCCL is alarmed by the announcement and condemns the NSW Government for taking another authoritarian step towards the criminalisation of the right to protest.

The attack on the Adass Israel Synagogue is a reprehensible and violent act. The vandalism and destruction of property in the Eastern suburbs should also be admonished. There is no place in a democratic society for any such behaviour. Freedom of religion is essential in a democratic society, but it does not exist at the expense of our other essential rights like that of protest.

The attack on the Adass Israel Synagogue and the vandalism and destruction of property in the Eastern suburbs are criminal offences and should be dealt with accordingly. The Minns Labor Government’s infringement of our collective right to protest will do nothing to prevent them. The NSWCCL believes strongly that as the NSW Government continues to prevent communities from exercising their right to peacefully protest they increase the risk of more disruptive and potentially violent demonstrations from occurring.

Recently over 170 protesters, including 14 children, were arrested in the Rising Tide protest and blockade at the world's largest coal port in Newcastle. 

These arrests have brought greater attention and critique to Australia’s increasingly restrictive protest laws, which have expanded significantly in recent years.

NSWCCL Vice President Lydia Shelly unpacks the recent Newcastle protest arrests and the broader fight for civil liberties on ABC RN Drive.

Listen here!