Offenders convicted of hate crimes against the LGBTQIA+ community in New South Wales could face up to seven years behind bars under new legislation being introduced to parliament.
Premier Chris Minns initially flagged the reforms after an ABC investigation last month revealed gay and bisexual young people were being targeted in a spate of Islamic State (IS)-inspired attacks in Sydney.
The bashings were among scores of attacks since 2023 on LGBTQIA+ people across Australia, who were lured on dating apps and bashed on camera by young people radicalised by a mix of extremist influences, from jihadism to the far right.
The state government has now confirmed it will on Tuesday introduce a swathe of laws in a bid to better protect the LGBTQIA+ community.
Under the proposed changes, anyone found guilty of publicly threatening or inciting violence against someone because of their sexuality or gender identity would face up to five years’ jail instead of the current three-year maximum.
The legislation is aimed at making it easier to charge and prosecute perpetrators of anti-LGBTQIA+ hate crime. (Supplied)
An aggravated version of this offence would also be created and would result in a maximum of seven years behind bars upon conviction.
The legislation would also include the creation of a new offence directed at those who use dating apps and other means to lure victims with the intent of harming them.
“The ABC was able to recently expose a number of really terrifying assaults on gay and bisexual men, but we know the New South Wales police have been dealing with this for some time now and have made dozens and dozens of arrests,” Independent MP Alex Greenwich said.
“We need to make sure that we have laws that are fit for purpose to protect the community and to catch the perpetrators.”
‘Serious consequences’
Mr Minns said recent attacks against the LGBTQIA+ community were “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,” he said in a statement.
The state government also proposes to expand its “post and boast” laws, which were introduced in 2023 in a bid to deter people from posting vision of violent crime to social media.
Under the amendments, the legislation would also capture serious assaults and robberies committed against LGBTQIA+ victims.
NSW Attorney-General Michael Daley said the reforms would benefit the whole community.
“We’ve introduced these laws specifically for the context of LGBTQIA+ hate crimes, but they’ll apply in all contexts,” he said.
“We’ve seen in my electorate recently 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 . so the legsialtion also makes it clear that that will be an offence as well.
Widespread concerns
There are currently no criminal offences specifically directed at acts of violence motivated by anti-LGBTQIA+ hate in NSW.
LGBTQIA+ community support services
However, a court can decide to impose tougher penalties for crimes motivated by hatred or prejudice as an “aggravating factor” under sentencing laws.
Figures obtained by the ABC show at least 64 people have been charged in NSW and Victoria alone since 2023 for app-based attacks on LGBTQIA+ people.
Similar attacks have been reported in the ACT, Queensland and Western Australia, but police say many more incidents go unreported.
An analysis of nearly 200 anti-LGBTQIA+ incidents in NSW over the past two years indicated teenage boys were the main drivers of hate crime against the community.