August 4, 2026 - Equality Australia says the NSW government has failed to act on the clear recommendations of its own review, denying LGBTIQ+ communities equal protection from hate. 

Attorney-General Michael Daley released the findings of Justice John Sackar KC’s review into NSW hate speech protections on Tuesday and dismissed its key recommendation that protections be extended to all communities targeted by hate. 

“The NSW government is choosing to ignore the key recommendations of its own review, leaving LGBTIQ+ people exposed to harm and undermining social cohesion for everyone,” said Legal Director Heather Corkhill. 

“All forms of hate and vilification are harmful, whether they are driven by racism, homophobia, transphobia or any other form of prejudice.” 

The government said that expanding the existing racial hatred offence to cover other attributes raised complex questions about freedom of expression and religion. 

“The government has already shown it can balance these rights when it comes to racial hatred. Claiming that the same approach cannot apply to other communities is disingenuous, creating an inconsistent legal framework and a hierarchy of protections,” Ms Corkhill said. 

“Hate causes harm, regardless of who it targets, and the law should protect every community facing vilification and abuse. 

“A society that takes hate seriously must recognise that abuse directed at a young trans person, a homophobic slur scrawled on a community event poster, or coordinated attacks against rainbow families are all forms of harm that warrant a response.” 

Ms Corkhill said there had been a recent and disturbing uptick in anti-LGBTIQ+ hate. 

“The Sackar Review could not have been clearer — NSW’s hate speech laws need to protect all communities vulnerable to hate, not just some,” she said. 

“While it’s clear we need more than criminal laws to address hate, they have an important symbolic role in setting the standard for what conduct is acceptable. This is about fairness and basic humanity. No community should be left without protection when they are being targeted by hate. 

“By failing to act on the recommendations of its own review, the NSW government is choosing to leave LGBTIQ+ people and other minority communities without the protections they need.” 

Katie Green, CEO, Inner City Legal Centre: 

“One of the most common problems reported to our Trans and Gender Diverse Legal Service is online abuse.  

“Our clients experience threats of violence, outing, doxxing, AI generated manipulation including pornography and bullying. Many are subjected to online campaigns of harassment that can span months or even years, especially if they are a trans person who has been in the news.  

“All too often our clients are told by police that they have no power to act because the poster has a right to “freedom of speech” or that a particular post does not reach a threshold where police can act under law.  

“Today's announcement reinforces the view that “freedom of expression” should prevail over the rights of our LGBTQIA+ community to feel safe and sets a precedent that some community groups have more protection than others under our criminal law." 

Jackie Turner, Director, Trans Justice Project: 

“The way this government has delayed the release of this review, refused to meaningfully engage with the findings, and is now trying to sweep it under the rug, is an insult to the entire LGBTIQ+ community. 

“Every day I speak with countless other trans people who, like me, face threats, abuse, and intimidation simply for being themselves. 

“We need real action to address the root causes of hate and to ensure that everyone, regardless of their race, religion, gender, or who they love are protected equally under the law.” 

Brent Mackie, Director Policy, Strategy and Research, ACON: 

"Over recent years, we have seen a disturbing rise in hate-motivated speech and violence towards our communities. By refusing to extend these protections, the government is ignoring the reality that words can lead to real-world harm, and exacerbate existing health inequities for our communities.  

“We need comprehensive laws that protect all people in NSW from hate incitement, regardless of their background, faith, sexuality, or gender identity." 

Media contact: Tara Ravens, 0408 898 154