The NSW Government will today introduce new legislation to toughen penalties for hate crimes following a series of alleged attacks against members of the state’s LGBTQIA+ community.
Reforms to be introduced into NSW Parliament will expand ‘post and boast’ offences to cover serious assaults and robberies against LGBTQIA+ people.
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.
Premier, Chris Minns said the 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.
“Everyone deserves to feel safe in New South Wales, no matter who they are,” the Premier said.
“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 attacks we have recently seen against members of the LGBTQIA+ community are appalling and have no place in modern society,” said NSW Attorney General Michael Daley.
“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.”
This legislation builds on a range of initiatives from the 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.
