NSW Parliament establishes inquiry into a Human Rights Act

New South Wales is one step closer to a Human Rights Act, with the NSW parliament unanimously supporting the establishment of a Community Services Committee Inquiry into the Human Rights Bill 2025. 

The Bill was introduced by the Member for Newtown, Jenny Leong MP, in October 2025. 

The announcement comes after the Human Rights Act for NSW - an Alliance of more than 120 legal and community organisations, religious bodies and trade unions - has spent years campaigning for an inquiry into the introduction of a Human Rights Act for NSW. 

NSW has fallen significantly behind comparable jurisdictions when it comes to legally protecting fundamental rights.  Victoria, the Australian Capital Territory and Queensland have enacted Human Rights Acts. Comparable democracies - Canada, New Zealand, the UK - also have well developed local Human Rights Acts.

The absence of a Human Rights Act in NSW currently leaves residents with some of the weakest legal protection of their human rights anywhere in the Western democratic world.

This inquiry gives NSW the chance to identify gaps in existing rights protections, learn from other jurisdictions and put in place a law that protects all of NSW communities- no matter their background, identity or location. 

A Human Rights Act would set certain rights in legislative stone, meaning the government would have to check its legislation does not unreasonably impede those rights before it passes laws and public authorities would have to act consistently with those rights when making decisions. It would also provide people in NSW with pathways to seek just and practical solutions if their human rights are breached.

Kerry Weste, Chair of the Human Rights Act Alliance and Vice President at Australian Lawyers for Human Rights: “We commend the Parliament for establishing this Inquiry to examine how we can improve human rights protections across our state. For people in NSW basic rights remain largely unprotected under existing legislation, leaving us lagging seriously behind other jurisdictions. This consultation, with the entire NSW community, offers us a chance to come together and have a very unifying conversation about returning dignity and power to everyday people, and helping government officials to make fair and caring decisions. It will help us face big challenges like the cost of living crisis, housing crisis, domestic violence, equitable timely access to healthcare and inclusive education for all children.” 

Sarah Marland, Executive Director, Community Legal Centres NSW: This is very welcome news for the people of New South Wales who will finally get the opportunity to let the government know about their experiences of human rights violations and how their fundamental rights can best be protected in law. A community-informed Human Rights Act for NSW would have a profound impact on the lives of people accessing the services of community legal centres, who come up against so many barriers in their everyday lives.

Giancarlo de Vera, Chief Executive Officer, BEING - Mental Health Consumers: “Mental health consumers across NSW celebrate the leadership shown by the Legislative Council by establishing this important inquiry into improving human rights protections. 1 in 2 mental health consumers feel their human rights are respected, with 1 in 3 mental health consumers experiencing cruel, inhumane, or degrading treatment, 1 in 5 not exercising choice and agreeing to treatment out of fear of being treated against their consent, and more than 90% have experienced discrimination.

Community consultation is the necessary first step in correcting the self-evident systemic issues with our state’s mental health system, and will provide an important opportunity for our elected leaders to understand why human rights protections matter so much to mental health consumers everywhere, and how such protections will support the shift toward a more equitable and fairer rights-based mental health system.”

Megan Spindler-Smith, Acting Chief Executive Officer, People with Disability Australia: "This inquiry is a critical opportunity to design a Human Rights Act that delivers real protections in practice. The Disability Royal Commission exposed the scale of violence, abuse and exclusion experienced by people with disability, and the failure of existing systems to prevent that harm. This must now translate into a framework that prevents harm before it occurs, embeds accountability in everyday decision-making, and provides clear, accessible pathways for people to challenge rights violations when they occur."

Blake Alan Cansdale, National Director, ANTAR: “The establishment of this inquiry is an important step toward stronger human rights protections in NSW. For too long, the human rights of Aboriginal peoples in New South Wales have been treated as optional. A Human Rights Act would help change that by embedding fairness, dignity and accountability into how governments make laws, develop policy and deliver services. This inquiry must centre the voices of First Nations peoples and other communities most affected, ensuring any future law reflects lived experience - not just legal theory.”

Timothy Roberts, President, NSW Council for Civil Liberties: This is an important next step in providing the comprehensive approach to human rights in the state of New South Wales. The breadth of civil society supporting and calling for this inquiry reflects the unifying potential of a human rights act and each of the 120+ organisations a part of the alliance should be congratulated on their leadership.” 

Claudia Robinson, Chair of ALHR's Human Rights Act(s) Committee: "The establishment of an inquiry is a fantastic next step towards improving human rights protections in NSW. A Human Rights Act would give people in NSW a clear, accessible way to have their rights considered in everyday decision‑making. It would help ensure that government agencies, public authorities and lawmakers take human rights into account from the outset of law and policy making. This inquiry is an opportunity for NSW to modernise its human rights framework and ensure that everyone has their rights recognised and upheld."

Nikita White, Amnesty International Campaigner: "Amnesty welcomes this inquiry. It’s important that the people of New South Wales are given an opportunity to have a say on how the government should protect and respect their human rights. With inclusive consultation a Human Rights Act for NSW will help create a future where everyone can enjoy their human rights - making their lives, and their community's lives, better.”

Caitlin Reiger, Chief Executive Officer, Human RIghts Law Centre: “Everyone benefits from having human rights at the heart of their laws. It is great news that the New South Wales Parliament recognises the importance of enforceable human rights standards and is exploring a Human Rights Act. NSW and national civil society organisations have been calling for a Human Rights Act for years. People in NSW are missing out from the benefits and protections that people in Victoria, Queensland and the ACT have every day. A Human Rights Act would prevent people being evicted unjustly from public housing, ensure everyone can access medical treatment, and ensure children can go to public schools regardless of their bank balance.”

Jackie Mead, Chief Executive Officer, Knowmore Legal Service: Knowmore commends the NSW Parliament for commencing an inquiry into a Human Rights Act. This is a significant step forward to a future where the fundamental human rights of everyone in our community are better recognised, protected and enforced.

As a community legal service dedicated to supporting victims and survivors of child abuse, we see everyday the lifelong impacts of human rights violations against the youngest people in our society. We welcome the opportunity for the people of NSW to participate in this inquiry and help to shape critical human rights protections for future generations.

Cara Varian, Chief Executive Officer, NSW Council of Social Service: “The approval of this Inquiry is a landmark victory for the people of NSW. It marks the moment where our collective advocacy transforms into a concrete legislative roadmap. We are now one step closer to a NSW Human Rights Act that guarantees the essentials—safety, health, housing, and security—for everyone, regardless of the political tide. Today, we aren't just celebrating a procedural win; we are celebrating the beginning of a reality where human rights are a legal requirement, not a policy afterthought.”

Contact: 

Amber Plum ap@jcp.com.au  0407914508

Indre McGlinn, indre@clcnsw.org.au, 0434 462 229

NSW Government must take opportunity to deliver on human rights promise as 120+ organisations call for inquiry

Media release: For immediate release 17 March 2026

An alliance of more than 120 legal and community organisations, religious bodies and trade unions is calling on the NSW Government to seize an opportunity this week to strengthen human rights protections by establishing a public inquiry into the introduction of a Human Rights Act for New South Wales.

The group, Human Rights Act for NSW, says NSW has fallen significantly behind other states in legally protecting fundamental rights. Victoria, the Australian Capital Territory and Queensland have enacted Human Rights Acts. Comparable democracies - Canada, New Zealand, the UK - also have well developed Human Rights Acts.

Public support for reform is strong. Recent polling by Amnesty International Australia found that 76% of people in NSW support introducing a Human Rights Act in the state.

The NSW Labor Platform, taken to the last state election and reaffirmed in 2024, explicitly commits to a “community consultation into the introduction of further legislation to better protect the human rights of NSW residents.”

The absence of a Human Rights Act in NSW leaves residents with some of the weakest legal protection of their human rights anywhere in the Western democratic world.

The alliance says this gap is increasingly difficult to justify, particularly given NSW Labor’s promise to explore stronger human rights protections. 

Last October, Jenny Leong MP, the Member for Newtown, introduced the private members Human Rights Bill 2025 (NSW). This week, the Legislative Assembly has an opportunity to refer that Bill to an inquiry.

Referring this Bill to a parliamentary inquiry is an opportunity for the Minns Government to deliver on its promise. 

An inquiry offers the NSW community a chance to come together in a unifying conversation about returning dignity and power to everyday people, and will help government officials to make fair and caring decisions. It will help NSW face big challenges like the cost of living crisis, housing crisis, justice for First Nations communities, domestic violence, equitable timely access to healthcare and inclusive education for all children. 

Kerry Weste, Chair of the Human Rights Act Alliance and Vice President of Australian Lawyers for Human Rights: “Every day in Victoria, the ACT and Queensland people are benefiting in concrete ways because they have a Human Rights Act that helps government officials to make fair and caring decisions about things like access to government services. These laws, which have been operating successfully for decades, also support community-focused policy development in areas like domestic violence, housing, education, aged care and healthcare. This is a framework that can meaningfully protect everyone in NSW. It’s time for NSW to embrace the opportunity to learn from the experience in other jurisdictions through an inquiry into a Human Rights Act.”

Sarah Marland, Executive Director, Community Legal Centres NSW: “In the absence of a Human Rights Act, the most vulnerable people in our community live without any legislated framework to protect their rights and freedoms. Human rights should be at the heart of the work of our government and its agencies, from the development of laws and policies, through to the smaller everyday decision-making that can so profoundly impact our quality of life. Everyone in NSW should be able to access affordable, simple solutions for justice if their human rights are breached.”

Megan Spindler-Smith, Acting Chief Executive Officer, People with Disability Australia

 “The Disability Royal Commission exposed the violence, abuse and neglect experienced by people with disability across Australia. Yet in NSW our rights still rely on a patchwork of laws that too often fail to protect us. Too often people with disability are still left behind in protections against violence, discrimination and hate. A Human Rights Act would create clear legal protections and give people with disability a pathway to challenge the systemic barriers that continue to drive violence, discrimination and exclusion.” 

Blake Alan Cansdale, National Director, ANTAR: “For too long, the inherent human rights of Aboriginal and Torres Strait Islander peoples have been treated as optional in NSW. A Human Rights Act would help change that, by embedding fairness, dignity and accountability into the way that the NSW Government makes laws, develops policy and delivers services."

Nikita White, Amnesty International Campaigner: “It’s time for NSW to step up! Enshrining our human rights in NSW law would put human rights at the centre of all decision-making in this state. It would enable people in NSW to challenge human rights abuses, right wrongs, and create a fairer future for everyone.”

Giancarlo de Vera, Chief Executive Officer, BEING - Mental Health Consumers: “In recent memory, NSW has seen a range of structural issues with the mental health system that have had deadly consequences: from the Bondi Junction tragedy, to the indefatigable number of mental health consumers killed by NSW police when doing basic welfare checks, or the recent deaths connected to those absconded from Cumberland Hospital last month. We need a fundamental reset, and a Human Rights Act for NSW offers that very reset, providing the legal architecture for a paradigm shift sorely needed in mental health. It will drive changes in responsibility, consumer-led choices, and accountability for a more human rights-based system grounded in community-based care”.

Caitlin Reiger, Chief Executive Officer, Human Rights Law Centre: “Everyone benefits from having Human Rights at the heart of our laws. We’ve already seen how human rights laws in Victoria, Queensland and the ACT have made a real difference to people’s lives – from overturning unfair evictions, safeguarding access to medical treatment, and stopping children from being locked up in cruel conditions. People in NSW deserve these human rights protections too.”

Cara Varian, CEO, NSW Council of Social Service: Advocacy brings hope, but hope is not a strategy. It’s time to recognise that fundamental rights aren't a 'nice-to-have'—they are a legal necessity. By passing a NSW Human Rights Act, we move from hoping for a fair go to ensuring accountability. We must embed protections into our legal system that guarantee freedom from violence, access to healthcare, and economic security. Without a clear legislative framework, our most vulnerable remain at the mercy of shifting political tides. It’s time to move past sentiment and start building a foundation of law that protects us all.

Timothy Roberts, President, NSW Council for Civil Liberties: It is essential for this government to urgently reflect a unified vision for NSW. A Human Rights Act, comprehensively advancing the rights of all, goes a long way  to do just that and helps to bolster community confidence in our democratic institutions at a time when we see that confidence tested internationally. 

Contact: Amber Plum 0407914508 or Kerry Weste 0404270671.

The full list of the member organisations of the Human Rights Act for NSW Alliance is available here. A list of case studies that evidence the benefits that Human Rights Acts are delivering in the ACT, Victoria and QLD is available here

Reflecting on International Women’s Day: Our Call for an Inquiry into a Human Rights Act

Dear Premier,

Reflecting on International Women’s Day: Our Call for an Inquiry into a Human Rights Act

As civil society organisations working with women and girls across NSW, reflecting on International Women’s Day, we call on the New South Wales (NSW) Parliament to establish an inquiry into a Human Rights Act.

Our call and this statement are explicitly inclusive of all women and girls in NSW  - no matter what their background, identity or location - whether we are women and girls with innate variations of sex characteristics, First Nations women and girls, women and girls from culturally, racially, religiously or linguistically diverse backgrounds, cis and transgender women and girls, Sistergirls, non-binary women, women and girls with disability or health conditions, or with any other background, experience or identity. 

To achieve gender equality and secure the well-being of all of our communities, we need a comprehensive framework that centres our dignity in decision-making across the NSW Parliament and Government agencies. 

Victoria, the Australian Capital Territory and Queensland have recognised this and have enacted Human Rights Acts. Comparable developed democracies - Canada, New Zealand, the UK - have well developed local Human Rights Acts that help to protect all women and girls as they go about living their everyday lives. These laws deliver concrete benefits in the lives of women and girls - helping us to achieve better decisions in areas like domestic violence, housing, healthcare, education, family, caring, culture and public life.

The recent report of the federal Parliamentary Joint Committee on Human Rights Inquiry into Australia’s Human Rights Framework recommended very clearly that states and territories yet to do so should progress the introduction of a Human Rights Act.  South Australia has begun the essential work of catching up by inquiring into the potential for a Human Rights Act. 

NSW has fallen seriously behind.

Our Parliament now has an opportunity to establish a parliamentary inquiry into a Human Rights Act for NSW and show people in our state that it is serious about respecting, protecting and promoting women' s rights, for all of our diverse communities across NSW and whether we live in urban, regional, rural or  isolated areas.

Consulting with the community will enable all women and girls across NSW to be heard and take part in designing a law that works for us all - no matter who we are, where we live and no matter what our race, religion, age, sex registered at birth, sex characteristics, sexual orientation, gender identity, family and caring responsibilities, employment, relationship status, disability or health status, HIV status or any other background, experience or identity. 

It will ensure that NSW begins the essential work of identifying gaps in the protection of all women and girls’ rights, learning from other jurisdictions and identifying the improvements that we can make.

It’s time to come together and build a NSW where every woman and girl has access to dignity, equality and freedom.

*This statement is intended to be inclusive of all of our communities and to recognise all lived experiences of exclusion. It has been developed with support from Trans Justice Sydney.

MEDIA RELEASE: United front of more than 117 organisations demand inquiry into NSW Human Rights Act at Parliament House

Today, a powerhouse alliance of 117 peak legal, community, and faith bodies from the Human Rights Act for NSW Alliance will gather at NSW Parliament House to demand the state end its status as a "human rights outlier" and launch an urgent inquiry into a Human Rights Act.

The sold-out forum - hosted by BEING – Mental Health Consumers, Wayahead, and Mental Health Carers NSW - is the largest of its kind. It calls on the Minns Government to finally deliver on its election platform commitment to community consultation. Human Rights Act for NSW (HRA4NSW), insists that referring the current Human Rights Bill 2025 to a Parliamentary inquiry is the essential first step to preventing further tragedy.

The forum features an eminent lineup including Commonwealth Disability Discrimination Commissioner Rosemary Kayess, former Supreme Court Justice the Hon. Kevin Bell AO KC, and NSW Mental Health Commissioner Jennifer Black. The Minister for Mental Health, the Hon. Rose Jackson MLC, will address the forum as the government will meet later this week with ministers across Australia to decide on the future of the National Mental Health and Suicide Prevention Agreement.

Kerry Weste, Chair of HRA4NSW and Vice President of Australian Lawyers for Human Rights said:

“Our call for an inquiry is not a radical one. Establishing an inquiry would ensure the Minns Government delivers on NSW Labor’s own promise, taken to the last election and endorsed again in 2024, to consult the community on laws to better protect human rights. Rights that are not defined in law are undefended in practice.”

Giancarlo de Vera, CEO of BEING – Mental Health Consumers, said:

“Dignity shouldn't depend on which side of the state border you live. In the ACT, Victoria, and Queensland, mental health consumers already benefit from laws that protect their liberty, their security, and their right to lead their own care. It is time for NSW to embrace that same opportunity. We need a Human Rights Act to ensure every government portfolio - from housing to health - works together to protect the fundamental wellbeing of all citizens, rather than allowing them to fall through the cracks of a fragmented system.”

Sharon Grocott, CEO of Wayahead, said:

"Stigma and discrimination still harm people every day in NSW. A Human Rights Act would finally give people with mental health challenges the dignity and protection they deserve. NSW must step up now and make this reform a priority.

Jonathan Harms, CEO of Mental Health Carers NSW, said:

"It is often claimed that Australia respects human rights; yet for some reason NSW has been reluctant to enshrine these rights in state or national law. But rights that are not defined in law are undefended in practise. A Human Rights Act would be a game changer for families advocating for the rights of the person they care for and their own."

The Case for a NSW Human Rights Act:

• Addressing Systemic Gaps: The Bondi Inquest highlighted a catastrophic lack of coordination between states. A Human Rights Act creates a legal duty for authorities to coordinate care and housing, preventing high-risk individuals from being abandoned.

• National Consistency: As ministers meet this week to discuss the National Mental Health and Suicide Prevention Agreement, NSW remains the only eastern seaboard state without human rights protections. The ACT (2004), Victoria (2006), and Queensland (2019) already have established legal frameworks.

• Widespread Support: The Human Rights Act for NSW (HRA4NSW) is an alliance of 117 peak legal and community organisations, faith bodies and unions, representing tens of thousands of stakeholders across NSW, who are calling on the NSW Government to establish an inquiry into a Human Rights Act.

Human Rights Act for NSW Alliance members, BEING – Mental Health Consumers, Wayahead, and Mental Health Carers NSW have created an Advocacy Toolkit: Protecting Rights, Protecting Mental Health. This resource is designed to support you in understanding, discussing, and advocating for a Human Rights Act for NSW, particularly through the lens of mental health consumers and their families, kin, and carers.

ACCESS THE ADVOCACY TOOLKIT HERE

Established in 2015, the HRA4NSW Alliance is Co-Convened by Australian Lawyers for Human Rights and the New South Wales Council for Civil Liberties HRA4NSW released an open statement endorsed by more than 100 organisations and leading NSW figures including former NSW Director of Public Prosecutions, Adjunct Professor Nicholas Cowdery AO KC FAAL and Craig Foster AM. 

The full statement and a list of the endorsing organisations and individuals is available here

MEDIA CONTACTS

• Amber Plum: Australian Lawyers for Human Rights Media Manager 9232 1033 ap@jcp.com.au

• Sharon Grocott     Wayahead Sharon.Grocott@wayahead.org.au   0413 117 403

• Julian Clarkson     BEING - Mental Health Consumers julian.clarkson@being.org.au  0401 318 632

• Jonathan Harms    Mental Health Carers NSW jonathan.harms@mentalhealthcarersnsw.org   0401 169 921

MEDIA RELEASE: 100+ organisations and individuals call for inquiry into Human Rights Act for NSW

For immediate release: 22 October 2025

A group of 117 organisations and individuals have endorsed an open statement calling on all NSW Parliamentarians to support the establishment of a public inquiry into a Human Rights Act for New South Wales.

On Thursday 23 October 2025, the Member for Newtown, Jenny Leong MP, will introduce a private member’s Human Rights Bill. Human Rights Act for NSW (HRA4NSW) - an alliance of more than 100 peak and community organisations serving the people of NSW says the Bill puts forward a model that reflects long-standing laws already successfully operating in other states and is calling on the parliament to refer it for a comprehensive community consultation. 

There has never been a better time for an inquiry into a Human Rights Act for NSW. Everyone in NSW should have the opportunity to have their say on how best to legally protect the dignity, security and interests of everyone in our State.

NSW is lagging behind. Human Rights Acts have already been passed in the Australian Capital Territory (2004), Victoria (2006) and Queensland (2019). Recent major inquiries at the federal level and in South Australia have both recommended that parliaments address gaps in the human rights protections afforded to people by introducing a comprehensive Human Rights Act.

The NSW Labor Platform, taken to the last election and endorsed again in 2024, unequivocally supports a ‘community consultation into the introduction of further legislation to better protect the human rights of NSW residents.’ When notice of the private member’s bill was given in March this year, the NSW Attorney General, the Hon Michael Daley MP, stated that the government is ‘open to considering the issue and working constructively’ on the proposal. 

Kerry Weste, HRA4NSW Spokesperson and Vice President of Australian Lawyers for Human Rights (ALHR) said: This statement represents a powerful, unified call from an incredibly diverse range of voices - representing tens of thousands of stakeholders - who want to live in a NSW that strives for the values we all hold most dear - justice, equality and a ‘fair go’ for all.  

Every day in Victoria, the ACT and Queensland people are benefiting in concrete ways because they have a Human Rights Act that helps government officials to make fair and caring decisions about things like access to government services. These laws, which have been operating successfully for decades, also support community-focused policy development in areas like domestic violence, housing, education, aged care and healthcare. 

It’s time for NSW to embrace the opportunity to learn from the experience in these jurisdictions. Referring this bill to an inquiry will give everyone in NSW the chance to participate in a community-wide conversation about putting in place a similar law to protect the wellbeing and dignity for everyone in our state.”

Tim Roberts, President of the NSW Council for Civil Liberties (NSWCCL) said: “A NSW Human Rights Act would create a legislated framework that articulates and protects human rights for everyone in NSW based on Australia’s international legal obligations under core United Nations treaties like the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). It would significantly improve the way our parliament, government and public entities develop laws, policies and make decisions. It would also create accessible pathways that everyone in NSW can use to take action for a solution if their human rights are breached. This framework is based on the values that the people of NSW hold most dear and will create a much-needed culture of human rights in our state that will, in turn, work to improve wellbeing, dignity and equality in our day to day lives.”

Sarah Marland, CLCNSW Executive Director said: “In the absence of a Human Rights Act, the most vulnerable people in our community live without any legislated framework to protect their rights and freedoms. Human rights should be at the heart of the work of our government and its agencies, from the development of laws and policies, through to the smaller everyday decision-making that can so profoundly impact our quality of life. Everyone in NSW should be able to access affordable, simple solutions for justice if their human rights are breached.”

Nikita White, Campaigner, Amnesty International Australia said: “A Human Rights Act gives people in NSW a powerful tool to take action if they suffer human rights abuses. People in NSW need that tool now more than ever, whether they’re a family living in their car because they can’t afford housing or a pensioner putting off doctor’s appointments because they can’t afford healthcare. It would allow people to create better lives for themselves and for those around them, where everyone can enjoy their rights to housing, healthcare, a healthy environment, and more.  

Amnesty’s polling has shown that 75% of people support protecting everyone’s human rights in law. We call on the NSW government to legislate a Human Rights Act so people in NSW can challenge human rights abuses, right wrongs, and create a fairer future for everyone.” 

Megan Spindler-Smith (they/them/Mx), Acting CEO, People With Disability Australia (PWDA) said: "We need a human rights approach that ensures people with disability are not forgotten or left behind when we talk about human rights. PWDA welcomes the Greens introduction of a Bill for a New South Wales Human Rights Act. An Act under which we are equal and fully protected is the right way forward for our community.

Existing human rights frameworks in New South Wales do not provide adequate protection or stop the violence, abuse, neglect and exploitation people with disability have endured for far too long.

When our rights are breached there must be consequences. It is critical the NSW Anti-Discrimination Commission is resourced to enforce new protections and ensure effective supports for all people in New South Wales.”

Professor Amy Maguire, Director of the University of Newcastle Centre for Law and Social Justice said: “Over the past four years, the Centre for Law and Social Justice has consulted extensively with school students from the Hunter region about the state of human rights in NSW. Young people are demanding that parliament act to protect their human rights. They are acutely aware of the social, economic and environmental challenges that put human rights at risk and call on political leaders to ensure that everyone has equal access to quality education, a healthy environment, and the chance to participate in public life.

There are significant disparities in opportunities and outcomes for people across NSW. The NSW Parliament can drive meaningful change across the State by legislating human rights protections, because legal protection for human rights drives proactive approaches to human rights across our institutions and society.”

Karly Warner, CEO of the Aboriginal Legal Service NSW/ACT said: “The human rights of Aboriginal and Torres Strait Islander people are violated too often in NSW prisons, policing and child protection systems. Enacting a Human Rights Act for NSW could provide much-needed protection and recourse for when these rights are not upheld as they should be.

“Having a Human Rights Act would bring NSW in line with Victoria, Queensland and the ACT, where human rights protections are already enshrined.

“We call on the NSW Parliament to conduct a comprehensive community consultation on a Human Rights Act and, in particular, to ensure the views of Aboriginal communities are heard and honoured.”

Blake Alan Cansdale, National Director of ANTAR said: For too long, the inherent human rights of Aboriginal peoples have been treated as optional in NSW. A Human Rights Act would help change that, by embedding fairness, dignity and accountability into the way that the NSW Government makes laws, develops policy and delivers services. It would also bring NSW standards of governance into greater alignment with international standards, including the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). UNDRIP affirms restorative rights: universal rights that every human is entitled to, reframed to reflect the unique histories and injustices faced by First Nations peoples. ANTAR is proud to stand with so many others in calling for stronger human rights protections in NSW."

Jackie Mead, CEO of Knowmore Legal Service said: Knowmore welcomes this important first step in NSW towards recognising and protecting the human rights of everyone in our community. We particularly welcome recognition of the rights of children and young people and victims and survivors of violence, who far too often face legal systems that are weighted against them and only cause further harm.

We call on the NSW Parliament to commence a public inquiry into this Bill, so that we can continue on this shared path to a Human Rights Act for NSW.

Caitlin Reiger, CEO of the Human Rights Law Centre said: “Everyone benefits from having Human Rights at the heart of our laws. We’ve already seen how human rights laws in Victoria, Queensland and the ACT have made a real difference to people’s lives – from overturning unfair evictions, safeguarding access to medical treatment, and stopping children from being locked up in cruel conditions. People in NSW deserve these human rights protections too.”

Genevieve Henderson, NSW Branch President, Australian Lawyers Alliance said “Drawing on the experiences in Victoria, the ACT and Queensland, there is evidence that important and practical human rights protections can be achieved when human rights laws are in place.

“NSW needs to catch up with accepted and developing international standards when it comes to protecting the human rights of our citizens. Human rights laws are positive and effective mechanisms for safeguarding the dignity and well-being of everyone in a healthy democracy.

“Human rights legislation in NSW would not only deliver protection and freedoms but ensure that governments and leaders are accountable to the Australian people.”

Leo Patterson Ross, CEO, Tenants' Union of NSW said: “Our housing system needs all the help it can get at the moment. A human rights act which delivers on the right to adequate housing will make an enormous difference in protecting communities from unfair evictions, excessive rent prices and unhealthy homes. The premier state should lead the way in delivering the homes people need.”

To arrange an interview with the HRA4NSW Alliance contact:

Media and Communications Manager: Indre McGlinn, indre@clcnsw.org.au, 0434 462 229

Amnesty International Australia media team: +61 423 552 208, media@amnesty.org.au

HRA4NSW is Co-Convened by Australian Lawyers for Human Rights and the New South Wales Council for Civil Liberties.

The full statement and a list of the endorsing organisations and individuals is available here.

A list of case studies that evidence the benefits that Human Rights Acts are delivering in the ACT, Victoria and QLD is available below.

Case studies: Benefits of the Human Rights Acts operating in Queensland, the ACT and Victoria

Charter rights protect man’s home in Victoria

A Victorian man with physical disabilities and limited mobility continued to live in his family home after his mother had been admitted to an elderly care unit and placed under a financial administration order. In order to prevent the home being sold, the man’s advocate raised the right to property under the Victorian Charter of Human Rights and Responsibilities Act. In consideration of this right, an agreement was reached so that the man could continue living in the house as a tenant paying rent.

Human rights law reopens domestic violence case in Victoria

The Victorian Charter of Human Rights and Responsibilities Act was used in a matter relating to the payment of rent and repairs to a property. The woman involved had been forced to flee the property due to domestic violence. The advocate successfully used the Charter in arguing for the reopening of the matter after the limitation period had expired to protect the woman’s rights. 

Accessible transport win after human rights complaint in Queensland

A woman with mobility issues made a complaint to the Queensland Human Rights Commission about the limited number of accessible parking spots at a bus terminal and being issued with a number of fines for parking in other places. She said that on two occasions the bus driver refused to engage the ramp, requiring her to struggle up and down the bus stairs. The complaint was resolved on the basis that the transport service agreed to conduct an internal review of its policies and procedures about the use of ramps, and to provide a copy to all bus drivers employed by it. Employees were also required to attend training on the Anti-Discrimination Act and the Human Rights Act, and an internal training module on human rights and improving services to people with disability was introduced.

Aged care resident’s freedom of movement upheld in the ACT

A man living in an ACT residential aged care facility relied on a wheelchair to move around. Staff at the facility became concerned the man was a danger to himself and others when using his chair so they removed the batteries so the chair would not work. The man’s advocate asserted that this breached his right to freedom of movement protected by the ACT’s Human Rights Act. In response, and in recognition of the man’s rights, the facility worked with the man and his advocate to find other, less restrictive, ways to ensure he was able to move about freely but safely. This included support for him to use the footpaths safely so he could travel from his home to the nearby shops when he wanted to.

Alliance of NSW organisations calls for Inquiry into a Human Rights Act for NSW

Human Rights Act for NSW (HRA4NSW) - an alliance of forty seven (47) civil society and community organisations calls for an inquiry into a Human Rights Act for NSW.

HRA4NSW welcomes notice of a bill to establish a NSW Human Rights Act given by the NSW Greens today.

This is an opportunity for the Parliament to begin a long overdue conversation about creating a fairer NSW where everyone’s right to be treated with dignity, equality and respect is legally protected.

NSW lags behind some of Australia’s other most populous states in protecting the human rights of its residents. Human Rights Acts have already been passed in the Australian Capital Territory (2004), Victoria (2006) and Queensland (2019).

Significant momentum for legislative protection of human rights across Australia has been building. The South Australian Parliament is currently conducting an Inquiry into the Potential for a Human Rights Act for SA. The Report of the federal Parliamentary Joint Committee on Human Rights’ Inquiry into Australia’s Human Rights Framework, released in May 2024, and the Report of the Australian Human Rights Commission’s Free and Equal Consultation, released in December 2022 not only recommend that a federal Human Rights Act be enacted. They also strongly emphasise that all states and territories yet to do so now need to move towards introducing their own human rights legislation.

HRA4NSW calls on the Government to begin a community-wide conversation by establishing a public inquiry into a Human Rights Act for NSW.

Kerry Weste, HRA4NSW spokesperson and Vice President of Australian Lawyers for Human Rights (ALHR) said: 

“The Australian Capital Territory, Victoria and Queensland have already enshrined human rights in Acts of Parliament. Every day these laws are benefiting people in concrete ways, and helping government officials to make fair and caring decisions about things like access to services and policy development. For example, they have been used to protect women at risk of domestic violence, to ensure public housing is accessible for people with mobility issues, to prevent restrictive practises in aged care facilities, and to secure children access to education and healthcare services. 

It’s time for NSW to begin a conversation about putting in place similar laws to protect the wellbeing of everyone in our state.  Holding a public inquiry into a Human Rights Act for NSW would give everyone in our state the chance to design a law that meets the needs of our many different communities.”

Tim Roberts, President of the NSW Council for Civil Liberties (NSWCCL) said:

“A NSW Human Rights Act would create a legislated framework that articulates and protects human rights for everyone in NSW based on Australia’s international legal obligations under core United Nations treaties like the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). It would significantly improve the way our parliament, government and public entities develop laws, policies and make decisions. It would also create accessible pathways that everyone in NSW can use to take action for a solution if their human rights are breached. This framework is based on the values that the people of NSW hold most dear and will create a much-needed culture of human rights in our state that will, in turn, work to improve wellbeing, dignity and equality in our day to day lives.”

Sarah Marland, CLCNSW Executive Director said:

“In the absence of a Human Rights Act, the most vulnerable people in our community live without any legislated framework to protect their rights and freedoms.  Human rights should be at the heart of the work of our government and its agencies, from the development of laws and policies, through to the smaller everyday decision-making that can so profoundly impact our quality of life. Everyone in NSW should be able to access affordable, simple solutions for justice if their human rights are breached.”

Nikita White, Campaigner, Amnesty International Australia said:  

“A Human Rights Act gives people in NSW a powerful tool to take action if they suffer human rights abuses. People in NSW need that tool now more than ever, whether they’re a family living in their car because they can’t afford housing or a pensioner putting off doctor’s appointments because they can’t afford healthcare. It would allow people to create better lives for themselves and for those around them, where everyone can enjoy their rights to housing, healthcare, a healthy environment, and more.  

Amnesty’s polling has shown that 75% of people support protecting everyone’s human rights in law. We call on the NSW government to legislate a Human Rights Act so people in NSW can challenge human rights abuses, right wrongs, and create a fairer future for everyone.” 

Megan Spindler-Smith (they/them/Mx), Deputy CEO, People With Disability Australia (PWDA) said :

"We need a human rights approach that ensures people with disability are not forgotten or left behind when we talk about human rights. PWDA welcomes the Greens introduction of a Bill for a New South Wales Human Rights Act. An Act under which we are equal and fully protected is the right way forward for our community.

Existing human rights frameworks in New South Wales do not provide adequate protection or stop the violence, abuse, neglect and exploitation people with disability have endured for far too long.

When our rights are breached there must be consequences. It is critical the NSW Anti Discrimination Commission is resourced to enforce new protections and ensure effective supports for all people in New South Wales.”

Professor Amy Maguire, Director of the University of Newcastle Centre for Law and Social Justice said: 

“Over the past three years, the Centre for Law and Social Justice has consulted extensively with school students from the Hunter region about the state of human rights in NSW. Young people are demanding that parliament act to protect their human rights. They are acutely aware of the social, economic and environmental challenges that put human rights at risk and call on political leaders to ensure that everyone has equal access to quality education, a healthy environment, and the chance to participate in public life.

There are significant disparities in opportunities and outcomes for people across NSW. The NSW Parliament drive meaningful change across the State by legislating human rights protections, because legal protection for human rights drives proactive approaches to human rights across our institutions and society.”

To arrange an interview with the HRA4NSW Alliance contact:

Media Manager Louise Hall: lh@jcp.com.au 0428 212 833 

Amnesty International Australia media team: +61 423 552 208 media@amnesty.org.au

HRA4NSW is Co-Convened by Australian Lawyers for Human Rights and the New South Wales Council for Civil Liberties.

Respected legal experts come together to back call for a NSW Human Rights Act

Last night some of the State’s most respected legal figures teamed up at a sold out event to highlight the need for New South Wales to catch up with other states and territories by legislating a Human Rights Act. 

Eminent international jurist and former High Court judge the Honourable Michael Kirby AC CMG, Hugh de Kretser, President of the Australian Human Rights Commission and members of the NSW Bar including Dr Ruth Higgins SC, Trent Glover SC and Carmel Lee took part in a public lecture focussed on how a NSW Human Rights Act would make a difference in people’s lives, and why a State-based Human Rights Act is needed in addition to federal legislation.

The public lecture at the University of Sydney Law School was jointly hosted by the NSW Bar Association and Human Rights Act for NSW (HRA4NSW), an alliance of forty seven (47) civil society and community organisations, convened by  Australian Lawyers for Human Rights (ALHR) and the NSW Council for Civil Liberties

Kerry Weste, Immediate Past President of Australian Lawyers for Human Rights (ALHR) said: “Human Rights Acts have already been passed in the Australian Capital Territory (2004), Victoria (2006) and Queensland (2019). Everyday these laws are benefitting people in concrete ways in relation to issues like housing, education, access to healthcare and much more.  It’s time for NSW to begin a conversation about ensuring that the people of this State receive at least the same level of protection for their human rights.”

“Significant momentum for legislative protection of human rights across Australia has been building. The South Australian Parliament is currently conducting an Inquiry into the Potential for a Human Rights Act for SA. The Report of the federal Parliamentary Joint Committee on Human Rights’ Inquiry into Australia’s Human Rights Framework, released in May 2024, and the Report of the Australian Human Rights Commission’s Free and Equal Consultation, released in December 2022, do not just recommend that a federal Human Rights Act be enacted, they also strongly emphasise that all states and territories yet to do so now need to move towards introducing their own human rights legislation.”

Lydia Shelly, President of the NSW Council for Civil Liberties said, “A NSW Human Rights Act would create a legislated framework that articulates and protects human rights for everyone in NSW based on Australia’s international legal obligations under core United Nations treaties like the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on economic, Social and Cultural Rights (ICESCR). It would significantly improve the way our parliament, government and public entities develop laws, policies and make decisions. It would also create accessible pathways that everyone in NSW can use to take action for a solution if their human rights are breached. This framework is based on the values that the people of NSW hold most dear and will create a much needed culture of human rights in our state that will, in turn, work to improve wellbeing, dignity and equality in our day to day lives.”

Ms Weste Concluded: “HRA4NSW is calling on the NSW Government to establish an inquiry into a Human Rights Act. Holding a public inquiry into a human rights law for NSW would give everyone in our state the chance to design a law that meets the needs of our many different communities.  It would also send a message to our children and young people that we care about their future, and we’re prepared to do the hard work to create lasting social change and a society that strives for the values we hold most dear: justice, equality and a ‘fair go’ for all.” 

To arrange an interview contact Louise Hall: lh@jcp.com.au 0428 212 833

Learn more about the recent passage of a Human Rights Act in QLD

Visit the Anti-Discrimination Commission Queensland Website to learn more about their new Human Rights Act

Queensland Human Rights Act

On 27 February 2019 the Queensland Parliament passed the Human Rights Bill.

The Human Rights Act 2019 will protect 23 rights, including the right to privacy, access to education and health services, cultural rights, and more, and is expected to commence on 1 January 2020.

The Anti-Discrimination Commission Queensland will be renamed the Queensland Human Rights Commission, and continue its complaints handling, education, and training functions under the Anti-Discrimination Act . The Commission will also work to resolve human rights complaints, as well as provide information, education, and training on the Human Rights Act .

About the Act

The Act protects 23 rights which are:

• recognition and equality before the law

• right to life

• protection from torture and cruel, inhuman or degrading treatment

• freedom from forced work

• freedom of movement

• freedom of thought, conscience, religion and belief

• freedom of expression

• peaceful assembly and freedom of association

• taking part in public life

• property rights

• privacy and reputation

• protection of families and children

• cultural rights – generally

• cultural rights – Aboriginal peoples and Torres Strait Islander peoples

• right to liberty and security of person

• humane treatment when deprived of liberty

• fair hearing

• rights in criminal proceedings

• children in the criminal process

• right not to be tried or punished more than once

• retrospective criminal laws

• right to education

• right to health services.

The Act will require public entities — government departments, local councils, or other organisations providing functions of a public nature — to make decisions and act compatibly with human rights, and parliament to consider human rights when passing new legislation or amending current laws.

The Queensland Human Rights Commission will provide a dispute resolution process for handling human rights complaints.

The obligations and dispute resolution functions are expected to start from 1 January 2020.

You can read the Human Rights Bill on the Queensland Parliament website , along with the:

• Explanatory Notes which explain the objectives of the Bill in more detail; and

• Introductory speech given by the Attorney-General and Minister for Justice.

What happens now?

The Act will go to the Governor to sign (the royal assent) and in due course a proclamation will state when the Act commences.

lt is expected to start in two stages. The first stage is expected to be on 1 July 2019, when the name of the Commission will change to the Queensland Human Rights Commission, and we will start providing information services. The second stage is expected to be on 1 January 2020 when all other obligations will commence.

from: https://www.adcq.qld.gov.au/human-rights/queensland-human-rights-act