By Ethan Hamilton -
As the online world becomes more integrated with daily life, new areas of law are constantly emerging. One such area is the use of online platforms for the dissemination and glorification of criminal acts. However, laws introduced in New South Wales to combat this kind of activity have been criticised, as three quarters of charges involve a young Aboriginal male.
States and territories in Australia are gradually introducing laws to combat what are referred to as “post and boast” crimes. These crimes involve individuals recording or live streaming illegal activity, like break and enter or motor theft, and posting it online.
In 2024, NSW amended the Crimes Act 1900 to include Section 154K on “performance crimes offences”. The new law means individuals who are involved in motor theft or break and enter offences could face an additional two years in prison if they disseminate material to advertise their involvement in the offence, or the activity constituting the offence.
According to the NSW Bureau of Crime Statistics and Research (BOCSAR), there were 84 Section 154K offences finalised in NSW Criminal Courts between April 2024 and December 2025. Of the 84 cases, 41 were proven, six were not proven, and 37 were otherwise disposed of – which includes charges withdrawn by the prosecution.
James Clifford is Managing Solicitor, Children’s Criminal Practice, with the Aboriginal Legal Service (ALS) (NSW/ACT).
He says the ALS position is that Section 154K, which is currently under statutory review by the Department of Communities and Justice, should be repealed. “It is neither necessary nor effective, and police are using it disproportionately against Aboriginal people,” Clifford says.
“There is no evidence that this legislation has achieved its objectives in reducing so-called performance crime.”
“This is really concerning in a context where NSW is incarcerating more Aboriginal people than at any point in history.”
According to BOCSAR, 62 of the 84 cases involved a young Aboriginal male defendant.
“This is really concerning in a context where NSW is incarcerating more Aboriginal people than at any point in history,” Clifford says.
“Courts already had the tools to address this type of conduct during sentencing, including considering posting about criminal conduct on social media as an aggravating factor, and in considering whether a person has shown remorse.
“Introducing new and unnecessary criminal offences which target Aboriginal people sits in tension with the NSW Government’s commitments under Closing the Gap.”
In response to these claims, a spokesperson for the NSW Attorney General says criminalising performance crime recognises that posting and boasting about car theft or breaking and entering is harmful to the community.
“It sends a clear message that this kind of conduct, which can encourage further offending, is unacceptable,” the spokesperson says.
“The offence was introduced with an additional bail test for young people accused of repeat car theft or serious break and enter offences. These reforms were designed to target increased offending of considerable concern to communities particularly in regional areas.”
The spokesperson also pointed to legislation introduced in March which would expand ‘post and boast’ offences to cover serious assaults and robberies committed against LGBTQIA+ people.
This legislation would also create an offence for people who lure victims on false pretences only to offend against them, including via dating apps – an offence often committed against the LGBTQIA+ community and shared online.
‘Not effective’
According to James Clifford, when children’s needs are met, they are less likely to come into contact with police and courts in the first place.
“All the evidence shows that criminalising children is not effective and just makes it more likely they will be caught in the cycle of offending and incarceration as adults,” Clifford says.
“Instead of making punitive and reactive criminal laws, there needs to be a shift towards early intervention and investment that directs children away from the justice system and towards therapeutic pathways that meet their needs.”
