Full Story A civil liberties expert on what Labor’s hate speech laws get so wrong
Jan 26, 2026
Timothy Roberts, president of the NSW Council for Civil Liberties and civil liberties lawyer, critiques Labor’s new hate speech laws. He explains how vague designation powers, limited judicial review and criminalisation risk sweeping up legitimate cultural, religious and political expression. He argues the laws empower the executive, were rushed, and may not prevent violence.
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Vague Designation Process Concentrates Power
- The new federal hate-group designation process is vague and centralises power in the Home Affairs Minister with ASIO input.
- Timothy Roberts warns the law removes normal procedural fairness and limits meaningful appeal rights against designations.
Prepare For Court, Not Administrative Review
- If a group is designated, affected people must challenge decisions in court because administrative appeal rights are limited.
- Prepare for legal challenges rather than administrative review, since statutory procedural protections are absent.
Criminalisation Extends Beyond Core Extremists
- The laws criminalise membership or association with designated groups and give immigration consequences for non-citizens.
- Roberts cautions the definitions are so broad they risk ensnaring routine cultural, religious or political behaviours.