NSW Passes Laws Targeting Hate Crimes, Nazi Symbols, and Worship Harassment

A vandalised car on Wellington Street in Woollahra, Sydney in Australia on Nov. 21, 2024. AAP Image/Neve Brissenden

The Minns Labor government has pushed through three laws that will prohibit actions like racial hatred, the display of offensive Nazi symbols, and desecration and harassment at places of worship.

The reforms come after a surge of anti-Semitic activity across Australia’s most populous state, including the vandalism of synagogues with swastikas, and violent confrontations outside places of worship.

Jewish and Muslim communities have reported an increase in threats and harassment, prompting calls for stronger legal protections.

The laws passed by New South Wales (NSW) Parliament on Feb. 20 include the Crimes Legislation Amendment (Racial and Religious Hatred) Bill 2025, Crimes Amendment (Places of Worship) Bill 2025, and Crimes Amendment (Inciting Racial Hatred) Bill 2025.

New Offences for Obstructing Places of Worship, Inciting Hatred

The new legislation makes it illegal to deliberately obstruct or prevent someone from entering or leaving a place of worship without a valid reason.

It also criminalises any acts of harassment, intimidation, or threats directed at individuals accessing or exiting places of worship.

New South Wales Labor Premier Chris Minns speaks to media during a press conference in Sydney, Australia on Jan. 29, 2025. AAP Image/Steven Saphore

Offenders could face a fine of up to $22,000, a prison sentence of up to two years, or both.

Additionally, the laws outlaw the intentional public incitement of hatred against an individual or group based on race.

An exception applies for referencing religious texts during teaching.

Those found guilty of inciting racial hatred could face a maximum of two years in prison, individual fines of up to $11,000, or corporate fines of up to $55,000.

Crackdown on Nazi Symbols and Hate-Driven Crimes

The legislation further clarifies that graffiti is considered a “public act” under the definition of an offence.

Tougher sentencing will apply for displaying a Nazi symbol on or near a synagogue, the Sydney Jewish Museum, or a Jewish school.

Sentences will also be aggravated when a person’s conduct is partially or wholly driven by “hate.”

“The government has acted quickly in response to disgusting acts we have seen in our state. Our package of legislation is a strong response to recent antisemitism, but it will also protect people of all races” said Premier Chris Minns.

Attorney General Michael Daley also said the government was “mindful of preserving protest rights and freedom of political expression while also ensuring adequate community protection.”

Human Rights Commission Says Hate Crime Laws Should be Last Resort

The Australian Human Rights Commission has warned that the new laws could undermine these rights, however.

“While intended to prevent harm and promote equality, they raise questions about where to draw the line between harmful speech and legitimate expression. Balancing free speech and public safety remains a key challenge,” reads a statement released by the Commission on Feb. 20.

Commission added that the United Nation advises that hate speech laws should be a last resort, reserved for severe incitement to discrimination, hostility, or violence.

It has recommended that the laws be reviewed by a parliamentary committee to ensure a fair balance between free speech and public protection.