New South Wales is one step closer to a Human Rights Act, with the NSW parliament this week holding public hearings as part of its Inquiry into the Human Rights Bill 2025.
The Inquiry comes after the Human Rights Act for NSW – an Alliance of more than 150 legal and community organisations, faith bodies and trade unions – has spent years calling on NSW to conduct a community consultation and enact a Human Rights Act.
NSW has fallen significantly behind comparable jurisdictions when it comes to legally protecting fundamental rights. The Australian Capital Territory(2004), Victoria (2006) and Queensland (2019) 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 leaves residents with some of the weakest legal protection of their human rights anywhere in the Western democratic world.
The Human Rights Bill 2025 was introduced by the Member for Newtown, Jenny Leong MP, in October 2025 and referred to the Legislative Assembly Committee on Community Services in March. The Committee has since published 268 submissions and will now hear from a range of stakeholders over 3 days of public hearings this week.
The Human Rights Act for NSW Alliance says that the inquiry is a historic opportunity for NSW 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.
The Alliance’s submission to the inquiry contains 12 key recommendations that have been endorsed by 164 organisations and eminent legal experts, including: the Hon Michael Kirby AC CMG; the Hon Elizabeth Evatt AC, former Australian and state Human Rights Commissioners and numerous eminent legal academics. The Alliance says these detailed recommendations underpin a Human Rights Act that is effective, while ensuring the Parliament keeps the sovereignty and flexibility it needs to serve our community’s evolving needs.
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.
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.
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. Our analysis so far indicates that more than 85 per cent of the 268 submissions published by the Inquiry support the principle that NSW should enact a Human Rights Act.
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. A Human Rights Act for NSW 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.”
Timothy Roberts, President, NSW Council for Civil Liberties: “It is essential for this government to urgently reflect a unified vision for NSW and the breadth of civil society supporting and calling for a Human Rights Act reflects its potential to do just that.
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).
Advancing the internationally recognised rights of all will bring the people of NSW together behind shared values like dignity, compassion and a fair go for all. It will help to bolster community confidence in our democratic institutions at a time when we see that confidence tested internationally.”
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 with school students 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.”
Blake Alan Cansdale, National Director, ANTAR: “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.”
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.”
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: “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 NSW 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.”
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 help to shape critical human rights protections for future generations”.
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.”
About us:
The full list of the member organisations of the Human Rights Act for NSW Alliance
