By The New South Wales Law Reform Commission

A report on a review of the effectiveness of s93Z of the Crimes Act 1900 (NSW) in addressing serious racial and religious vilification in NSW. It provides two recommendations under sentencing and penalties. The report also outlines why some recommendations were not pursued. It does not make recommendations about the Anti-Discrimination Act 1997 (NSW).

The report found that communities have faced increasing levels of discrimination, vilification and other hate-based conduct, and that there has been a significant and sustained increase in vilification complaints received by Anti-Discrimination NSW. However, only a small proportion of individuals affected by vilification make a formal complaint. Concerns were raised, in particular, about an increase in online vilification.

Recommendations

The NSW Government should consider commissioning a review of the effectiveness of s 21A(2)(h) of the Crimes (Sentencing Procedure) Act 1999 (NSW).

The NSW Government should consider measures, such as a new Law Part Code, to improve the collection of data on hate crimes when offences other than s 93Z are charged for hate-related incidents.

Sydney: The Commission, 2024. 135p.