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The time is ripe for NSW to have a Human Rights Act, say advocates
With other states and territories having already implemented their own Human Rights Act, prominent figures in the legal profession argue that NSW should take steps to “catch up” and enact its own version.
Grace Robbie
During a recent public lecture at the University of Sydney Law School, several NSW legal futures spoke passionately about the necessity for the state to implement a Human Rights Act that “articulates and protects human rights for everyone in NSW”.
The speakers at last week’s lecture included the Honourable Michael Kirby AC CMG, an eminent internal jurist and former High Court judge; Hugh de Kretser, the president of the Australian Human Rights Commission; and NSW Bar members Dr Ruth Higgins SC, Trent Glover SC, and Carmel Lee.
During the public lecture, the five legal experts delved into the potential impact that implementing a Human Rights Act in NSW would have on the lives of those living there and discussed why state-based and federal Human Rights Act legislation should be enacted.
They also emphasised the urgency for NSW to “catch up” with states and territories like Victoria, the ACT, and Queensland, which have already proactively established such legislation.
Rights covered by these existing state-based human rights acts include recognition and equality before the law, the right to a fair trial/hearing, the right to education, freedom or experience, and the right to life.
The NSW Bar Association, the Human Rights Act for NSW (HRA4NSW), and community organisations co-hosted the public lecture.
The former president and current vice president of Australian Lawyers for Human Rights, Kerry Weste, emphasised the importance of NSW enacting its own Human Rights Act by expressing that in states where such legislation has been passed, these laws are significantly impacting people’s lives on a daily basis.
“Human rights acts have already been passed in the Australian Capital Territory (2004), Victoria (2006) and Queensland (2019). Everyday, these laws are benefiting 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,” Weste said.
Weste also expressed that implementing this legislation will guarantee that NSW conforms to the suggestions outlined in parliamentary reports.
“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,” Weste said.
The president of the NSW Council for Civil Liberties, Lydia Shelly, echoed her sentiments by highlighting that the establishment of an NSW Human Rights Act would ensure compliance with Australia’s international legal obligations.
“An 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),” Shelly said.
“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.”
Shelly further said: “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.”
