It’s time for an inquiry into a Human Rights Act

An Open Statement from the NSW Community

It’s time for an inquiry into a Human Rights Act

As organisations and individuals from across NSW, we come together to call on the NSW Parliament to support the establishment of a public inquiry into a Human Rights Act for New South Wales.

We want to live in a society that strives for the values we all hold most dear - justice, equality and a ‘fair go’ for all.  We want to help build a society based on a culture of respect for human rights across government, parliament, the courts and our communities. 

It is time for the NSW Parliament to conduct a comprehensive community consultation about legally protecting the dignity, security and interests of everyone in our state.   

There has never been a better time for a conversation about a Human Rights Act for NSW.

The Australian Capital Territory, Victoria and Queensland have already enshrined human rights in Acts of Parliament. For more than 20 years, these laws have been delivering meaningful improvements in people’s lives through fairer laws, policies and practices in governments’ day-to-day dealings with the community in areas like health, housing, and education.

NSW now has an opportunity to learn from these jurisdictions and take action to put in place similar laws to protect the wellbeing of everyone in our state.

Recent major inquiries at the federal level and in South Australia have both recommended that states address gaps in the 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.’

In March this year, we welcomed notice of a Bill to establish a Human Rights Act for NSW given by the Member for Newtown, Jenny Leong MP, and comments from the NSW Attorney General, the Hon Michael Daley MP, that the government is ‘open to considering the issue and working constructively’ on the proposal. 

This Bill is now due to be introduced imminently, and we call on all NSW Parliamentarians to support the establishment of a parliamentary inquiry into the Bill. This will enable a comprehensive community-wide consultation on a Human Rights Act for NSW. 

The inquiry should consider how a Human Rights Act would best articulate everyone’s internationally recognised human rights robustly and fairly in law.  It should also examine how the Act could best ensure our parliaments, governments and public entities uphold and protect human rights when they develop, implement and evaluate laws, regulations or policies. Importantly, it should consider how to ensure that everyone in NSW has accessible pathways to resolve disputes about their rights and effective remedies if their rights have been breached.

We know that big ideas come with lots of detail. We have reflected deeply on learnings from other jurisdictions, and we are ready to share our detailed proposals for a Human Rights Act that is effective and does not hinder the government’s ability to respond to immediate community needs. 

It’s time for the NSW Parliament to take the first step and invite everyone in our state to join this conversation through a parliamentary inquiry into a Human Rights Act for NSW. 

Signed,

  1. Australian Lawyers for Human Rights

  2. New South Wales Council for Civil Liberties

  3. Community Legal Centres NSW

  4. People with Disability Australia

  5. Justice and Equity Centre

  6. Children and Young People with Disability Australia

  7. ANTAR

  8. Homelessness NSW

  9. NSW Society of Labor Lawyers

  10. Human Rights Law Centre

  11. St Francis Social Services

  12. Refugee Council of Australia

  13. Knowmore Legal Service

  14. Centre for Law and Social Justice, University of Newcastle

  15. Inner City Legal Centre

  16. Australia Democracy Network

  17. National Justice Project

  18. Centre for Disability Studies

  19. Human Rights for All

  20. Redfern Legal Centre

  21. Mums for Refugees NSW Inc

  22. Disability Rights Connect

  23. Rainbow Families

  24. Justice Reform Initiative

  25. Tenants Union of NSW

  26. Trans Justice Sydney

  27. Save the Children & 54 Reasons

  28. Mid North Coast Legal Centre

  29. National Regional, Rural, Remote and Very Remote Community Legal Network

  30. Kingsford Legal Centre

  31. Seniors Rights Service

  32. Council for Intellectual Disability

  33. Institute of Child Protection Studies

  34. House of Welcome

  35. Centre 360

  36. Being Mental Health Consumers

  37. Deaf Australia

  38. Women’s Electoral Lobby

  39. Parents for Trans Youth Equity

  40. The Shopfront Youth Legal Centre

  41. SHINE for Kids

  42. ACON

  43. Uniting NSW.ACT

  44. South Coast and Country Community Law

  45. Down Syndrome NSW

  46. CALM Cultural Advocacy & Legal Mediation

  47. Crossing Borders

  48. Pride in Law

  49. Equality Australia

  50. Australian Lawyers Alliance

  51. Aboriginal Legal Service NSW/ACT

  52. NSW Council of Social Service (NCOSS)

  53. Marrickville Legal Centre

  54. HIV/AIDS Legal Centre

  55. Mental Health Coordinating Council

  56. The Australian Centre for Disability Law

  57. Flourish Australia

  58. Australian Human Rights Institute UNSW

  59. Welcoming Disability

  60. National Children's and Youth Law Centre t/a Youth Law Australia

  61. School Can’t Australia

  62. UTS Centre for Social Justice and Inclusion 

  63. Women with Disabilities Australia

  64. Environmental Defenders Office

  65. Wayside Chapel

  66. National Centre of Excellence in Disability Health

  67. St Vincent de Paul Society NSW

  68. Amnesty International Australia

  69. Jesuit Refugee Service (JRS) Australia

  70. Grata Fund

  71. Shelter NSW

  72. Interaction for Health and Human Rights

  73. Women’s Legal Service NSW

  74. Australian Federation of Islamic Councils

  75. All Means All

  76. AbSec – NSW Child, Family and Community Peak Aboriginal Corporation

  77. Climate Defenders Australia

  78. Intellectual Disability Rights Service

  79. Australian Federation of Disability Organisations

  80. Digital Rights Watch

  81. Create Foundation

  82. Bravehearts

  83. Australian Youth Affairs Coalition

  84. International Commission of Jurists (Australian Section) Section)

  85. Asylum Seekers Centre

  86. Maternity Choices Australia

  87. Act for Kids

  88. Australian Association for Adolescent Health

  89. I CAN Network Ltd

    Individual Signatories

  90. The Hon Elizabeth Evatt AC

  91. Professor Emeritus Ron McCallum AO, retired, former Chair United Nations Committee on the Rights of Persons with Disabilities

  92. Professor Ben Saul, Challis Chair of International Law at The University of Sydney and United Nations Special Rapporteur on Human Rights and Counter-Terrorism

  93. Dr Graeme Innes AM, Former Disability Discrimination Commissioner

  94. Adjunct Professor Nicholas Cowdery AO KC FAAL

  95. Mary Crock, Professor of Public Law, Sydney University Law School

  96. Craig Foster AM

  97. Distinguished Professor Larissa Behrendt

  98. Catherine Renshaw, Dean of Law, Western Sydney University

  99. Professor Azadeh Dastyari

  100. Professor Emerita Gwynnyth Llewellyn PhD MEd BA Grad DipContEd Dip OT

  101. David Kinley, Professor of Human Rights Law, Sydney Law School

  102. Emeritus Professor Simon Rice, OAM

  103. Felicity Graham, Barrister

  104. Dr Laetitia Greeff Children's Rights Advocate

  105. Meda Couzens, School of Law, Western Sydney University

  106. Dr Fiona Robards, Senior Lecturer, The University of Sydney

  107. Madeleine Bridgett, Barrister

  108. Carmel Lee, Barrister

  109. Nathan Kennedy, Human Rights Lawyer

  110. Cátia Malaquias OAM, Lawyer and Human Rights and Inclusion Advocate

  111. Damien Linnane, University Fellow, University of Newcastle

  112. Bobbi Murray

  113. Rutaban Yameen, LL.M / PhD Candidate

  114. Tony Simpson