Hate Speech in Schools (NSW)
From the commencement of Term One of 2026, hate speech is explicitly prohibited in all New South Wales schools. The new rules apply to all schools in the state, including government schools, religious schools and independent schools. This page outlines the new rules and why they have been adopted.
Codes of conduct
The rules and manuals of NSW Education Standards Authority (NESA) will be updated so that every school is required to have a code of conduct that explicitly prohibits hate speech.
If a staff member is found to have breached the prohibition on hate speech, NESA can take disciplinary action, up to and including dismissal, even where the behaviour is not criminally prosecuted.
What is prohibited?
The definition of hate speech that will be used in the codes of conduct is based on the definitions contained in state and federal criminal legislation.
School staff will be prohibited from engaging in conduct that would contravene these criminal laws, including:
- inciting hatred, hostility, vilification, intimidation or abuse
- targeting individuals or groups based on protected characteristics (such as race, ethnicity, nationality etc)
The prohibition applies to any behaviour that occurs in a school setting, including acts that occur within the school grounds as well as online comments about students or the school community and conduct at school events.
Under the criminal law, there are exceptions that exist (for example, in relation to quoting religious texts). These may influence how NESA applies the prohibitions contained in codes of conduct.
NESA and employers may consider the context the conduct occurred in when deciding whether the prohibition has been breached.
How will it be enforced?
If a parent, student, or staff member believes that a staff member at a school is in breach of the prohibition, they may report the matter to NESA.
NESA may investigate the matter and impose sanctions on the staff member.
Sanctions range from warnings to professional development requirements to suspension or deregistration of the staff member.
NESA’s processes operate under professional standards and employment law framework and are separate to criminal justice process.
Investigation and sanction by NASA may occur regardless of whether the conduct complained of becomes the subject of a police investigation and regardless of whether charges are laid.
Community responses
The introduction of prohibitions on hate speech into the codes of conduct that govern all New South Wales schools have been met with widespread approval as being in the interests of protecting students from racially hostile and extremist behaviour and attitudes.
Unions and professional groups have largely supported banning hate speech, given it reinforces respectful conduct standards.
Some concerns have been expressed about how the rules will be enforced and the impact they will have on teacher behaviour outside of school activities.
Other voices have questioned whether the rules will have an impact on legitimate classroom discussion of controversial issues, and whether they have the potential to stymie freedom of political expression.
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Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.