In 2023, a video surfaced, widely reported by outlets like Fox News, TMZ, and the Monthly, purportedly showing pro-Palestine protesters at the Opera House chanting "Gas the Jews," according to the video's captions. However, following an extensive investigation by the NSW Police into its authenticity, they have concluded that there is no evidence supporting these claims.

Three months ago, protestors gathered at the Sydney Opera House steps, illuminated to commemorate Hamas' attack on Israel on October 7. Following the protest, reports surfaced of anti-Semitic slogans. Fahad Ali, one of the organizers, confirmed these reports and stated that the small group responsible was asked to leave. However, it was the alleged chant of "Gas the Jews" that garnered significant attention with videos circulated and aired by the Australian Jewish Association and Sky News allegedly captured the chants, with both videos carrying corresponding captions.

Recently, the accuracy of the footage has come under scrutiny. While other chants were undoubtedly anti-Semitic, the specific Holocaust reference carried potential legal implications, possibly constituting incitement to violence.

Various Jewish and Palestinian organizations are urging for a deeper investigation following an announcement by NSW Police stating they lack evidence supporting claims that pro-Palestinian demonstrators chanted "Gas the Jews" during a protest at the Sydney Opera House. The publishers of the contested footage have declined to acknowledge any inaccuracies.

NSW police have conducted a review of a serious allegation of hate speech at the Opera House protest in October and found that the allegations were incorrect. Expert examination of the video evidence proves that protestors were chanting “where’s the Jews” and did not chant “gas the Jews” as was widely reported by many media outlets on the basis of a wrongly captioned video shared on social media.

In NSW and Queensland, the requirement for juries to deliberate for eight hours before the possibility of a majority 11-1 verdict is longer than in all other states and territories. This extended deliberation period means that juries with a single hold-out can be repeatedly urged to "try harder" for a unanimous verdict, with judges closely monitoring the clock.

A proposed overhaul of legislation in NSW aims to halve the minimum deliberation time in an effort to reduce the number of hung juries and associated trial expenditures. Critics, however, argue that there is insufficient evidence to support the belief that these objectives would be achieved or that such changes are necessary.

The Digital ID Bill, initially presented to Parliament in November following over three years of development, is now concluding its period for receiving submissions in a parliamentary inquiry. 

In their submissions many civil rights groups have expressed concerns around misuse of biometric data and privacy. In contrast to these submissions buiness and financial groups argue that the proposed system could play a pivotal role in enhancing identity security and verification.

In 2023 the Digital ID Bill was redrafted after pressure from advocates, who urged the Albanese government to implement stricter restrictions on law enforcement access to biometric information. New South Wales Council for Civil Liberties (NSWCCL) says that “there should be no law enforcement access… with or without a warrant” in a submission to the parliamentary inquiry on the Digital ID Bill.

The existing incitement laws in New South Wales may be strengthened following concerns raised by religious groups, who have argued that the current regulations are inadequate in safeguarding from violent threats.

Premier Chris Minns recently emphasised the government's commitment to providing legal protection for the diverse communities residing in the state. Minns highlighted the significance of enabling all communities to live peacefully without fear of violence. 

This review comes at a time of heightened tension surrounding the Gaza conflict and amid controversy over sermons delivered by Islamic preachers targeting Jews and Israelis. While state and federal police have probed these sermons, investigations were halted as they found no breaches of NSW or Commonwealth laws.

Premier Minns acknowledged the profound impact of the Middle East conflict on families and communities, describing it as traumatic. He expressed confidence that the thorough review led by Tom Bathurst, a highly respected legal figure in the state, would assure the community that existing laws operate effectively.

The NSW Supreme Court has declared anti-protest laws invalid, a mere year after their enactment. These regulations were introduced in response to activists obstructing traffic on the Harbour Bridge and disrupting freight lines from the world's largest coal port in Newcastle.

Also supported by the Labour party, these laws targeted protests causing interference with "major economic activity," imposing hefty fines of up to $22,000 or sentences of two years in prison. Since their implementation, activists and legal and human rights experts have criticised that these laws are excessively harsh, infringing upon a fundamental human right. Furthermore, concerns have been raised about the unprecedented increase in police authority in NSW resulting from these laws.

The NSW government has recently ordered a review into the effectiveness of section 93Z of the Crimes Act 1900. Section 93Z makes it an offence to publicly threaten or incite violence on grounds of race, religion, sexual orientation, gender identity or intersex or HIV/AIDS status. The maximum penalty for an individual is 100 penalty units or imprisonment for 3 years (or both).

Calls from community groups, challenging the efficacy of section 93Z, have prompted the start of this review.

“There is no place in NSW for hate speech or incitement to violence. We live in a multicultural society, and it is vital that we have laws that protect people who come from communities all around the world and call NSW home,” Premier Minns said in a statement. 

Recently, the New South Wales police have failed to produce a review of the way they have responded to mental health crises, which was promised to the government. The recent shooting of a mentally unwell man by police, has heightened pressure for police reforms.

Alexander Stuart Pinnock, was shot at by multiple officers following a two-hour standoff which began after Pinnock threatened staff with a pistol. He was treated by paramedics but died at the scene.

In 2023, the police response to mental health emergencies was criticised as officers fatally wounded or shot four people in mental health crises. In response to this, the police minister commissioned a 3 month review, which was aimed to be complete at the start of November. 

Currently, the report has not been finished. 

NSW Council for Civil Liberties notes the review of s93Z of the Crimes Act to be conducted by the Honourable Tom Bathurst KC AC.  NSWCCL hopes that the review will involve extensive community consultation and looks forward to being involved in that consultation.  

New South Wales has strong “hate speech” laws that already criminalises speech that either intentionally or recklessly, threatens or incites violence against someone based on their race, religion, sexual orientation or other characteristics.  These laws should be seen in the context of both Commonwealth and State anti-discrimination laws which provide civil remedies in many circumstances.  Resort to criminal law should always be a last resort.  The law should not criminalize legitimate free speech.