NSW moves to toughen penalties for LGBTQ+ hate crimes

The New South Wales (NSW) government is set to introduce legislation to parliament that sharply increases penalties for hate crimes targeting LGBTQ+ people, following a rise in app-based assaults linked to extremist influences.

Under the proposed laws, offenders convicted of publicly threatening or inciting violence against someone because of their sexuality or gender identity would face a maximum sentence of five years in prison, up from the current three. A new aggravated offence would carry a maximum of seven years’ imprisonment, ABC News reports

The reforms follow an ABC investigation that revealed a series of Islamic State-inspired attacks in Sydney, in which gay and bisexual young men were lured via dating apps and violently assaulted. These incidents form part of a wider pattern of attacks since 2023, with perpetrators reportedly radicalised by a mix of jihadist and far-right content.

The bill will also create a specific offence aimed at people who use dating apps and other platforms to lure victims with the intent to harm them.

Independent MP Alex Greenwich said recent reporting had highlighted a longstanding threat faced by LGBTQ+ communities.

“The ABC recently exposed a number of really terrifying assaults on gay and bisexual men, but we know New South Wales police have been dealing with this for some time and have made dozens and dozens of arrests,” he said. “We need to make sure that we have laws that are fit for purpose to protect the community and to catch the perpetrators.”

The legislation will also target the recording and distribution of violent attacks. It will make clear that serious assaults and robberies against LGBTQ+ victims, and the sharing of footage of those crimes to glorify or promote violence, will be captured as offences.

NSW Attorney-General Michael Daley said the reforms were designed with LGBTQ+ hate crimes in mind but would apply more broadly.

“We’ve introduced these laws specifically for the context of LGBTQ+ hate crimes, but they’ll apply in all contexts,” he said. “We’ve seen in my electorate at Maroubra Beach young girls luring other young girls down to the beach for a gathering only to set upon them and violently attack them in large numbers. Those offences will be caught as well.

“What we have also seen beyond the violent and brutal assaults is people sharing that content in online and other forums. The legislation also makes it clear that that will be an offence as well.”

Currently, NSW has no stand-alone offences specifically directed at violence motivated by anti-LGBTQ+ hate. Courts can impose tougher penalties where hatred or prejudice is found to be an aggravating factor, but advocates argue this does not adequately address the scale or pattern of targeted attacks.

Figures obtained by the ABC show at least 64 people have been charged in NSW and Victoria since 2023 in relation to app-based attacks on LGBTQ+ people. Similar incidents have been reported in the ACT, Queensland and Western Australia, with authorities and community groups warning that many more cases likely go unreported.

An analysis of nearly 200 anti-LGBTQ+ incidents in NSW over the past two years indicates teenage boys are the main drivers of these hate crimes, prompting renewed calls for both stronger legal responses and preventative education.