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In light of the A-G of NSW indicating that the government is “open” to enacting a Human Rights Act, law agencies within NSW have expressed their support for enacting this legislation.
Last week, NSW Attorney-General Michael Daley informed the state’s Parliament that the government is “open” and “working constructively” to assess the potential establishment of a Human Rights Act for NSW.
However, the A-G noted that the enactment of such an act “has not been a priority” for the government currently due to its development being a “complex undertaking” that necessitates sufficient time and resources.
A-G Daley stressed that any proposed legislation must be “carefully designed” to ensure it is “effective”, doesn’t impact the government’s ability to respond to “the immediate needs of the community”, and minimises “bureaucratic process”.
Despite not being on the government’s radar, the A-G shared that there is a willingness to explore “potential ways to strengthen human rights”, whether it involves implementing a Human Rights Act or pursuing alternative initiatives.
The Law Society of NSW welcomed the Attorney-General’s indication regarding the government’s engagement with the forthcoming private member’s bill to establish human rights legislation, which he described as being viewed “in good faith”.
Jennifer Ball, the president of the Law Society, noted that the legal body has “long advocated for standalone human rights legislation” and believes “the time is now ripe” for NSW to consolidate its human rights legislation.
She stressed that if “properly framed”, such laws could “lead to better decision making across all branches of government”.
The Human Rights Act for NSW (HRA4NSW) has also come forward to showcase its strong support towards establishing such a bill.
“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,” HRA4NSW said.
With human rights acts having already been enacted in ACT, Victoria, and Queensland, and South Australia currently conducting an inquiry into the potential enactment of similar legislation, HRA4NSW iterated that “NSW lags behind” in protecting the human rights of its residents.
Kerry Weste, the spokesperson for HRA4NSW and vice president of Australian Lawyers for Human Rights, said: “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.
“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 a chance to design a law that meets the needs of our many different communities.”
Tim Roberts, the president of the NSW Council for Civil Liberties, stressed that a NSW Human Rights Act would “significantly improve the way our Parliament, government and public entities develop laws, policies and make decisions”.
Nikita White, campaigner for Amnesty International Australia, shared that the “people in NSW need that tool now more than ever”.
She said: “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.”
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