Minns government rejects hate speech advice it fought to keep secret

The Minns government has opted against implementing a recommendation from a review, which suggested expanding hate speech laws to encompass additional protected characteristics. The review, prepared by former Supreme Court judge John Sackar KC, was commissioned by the government in order to determine whether hate speech protections should be extended beyond race to other vulnerable groups, including disability and LGBTIQA+ individuals.

Nonetheless, the NSW government has decided not to broaden the existing criminal offense of inciting racial hatred to include these other attributes. Attorney-General Michael Daley declared that the government's stance is that expanding the racial hatred offense to cover additional attributes raises intricate questions concerning freedom of expression, freedom of religion, and the uniform application of criminal law across the community.

The government argues that inciting violence against someone based on race, religion, sexual orientation, intersex status, or HIV status is already prohibited. However, following a series of antisemitic incidents in 2025, the Minns government decided to amend the Crimes Act, making it illegal to incite hatred as well. Despite this, the government maintains that the remaining recommendations of the Sackar report, such as better reporting and education on hate-based conduct and specialized training for police, will be further examined.

The government also emphasized that it would continue to consider the broader recommendations of the NSW Law Reform Commission review into anti-discrimination laws, alongside the findings of the royal commission into antisemitism.