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Snapshot:

  • A recent federal parliamentary report has reinvigorated the discourse on human rights legislation in Australia.
  • What would it take for NSW to pass such legislation?
  • This article identifies five factors that may be necessary for a Human Rights Act to pass in NSW, considering the examples set by other Australian jurisdictions.

As observed by many, Australia is the only western democracy without a federal Human Rights Act. In May, the final report (‘Report’) of the Parliamentary Joint Committee on Human Rights (‘PJCHR’) Inquiry into Australia’s Human Rights Framework restarted the conversation by recommending the enactment of such an Act. The Report follows the same conclusion the National Human Rights Consultation Committee reached in 2009 (which was rejected by government), and prior failed attempts to pass federal human rights laws. Meanwhile, the Human Rights Act 2004 (ACT) (‘AHRA’) was enacted 20 years ago, the Charter of Human Rights and Responsibilities Act 2006 (Vic) (‘Charter’) was enacted 18 years ago, and the Human Rights Act 2019 (Qld) (‘QHRA’) was enacted five years ago. In this context, this article considers the recommendations in the Report and explores the elements leading to the successful passage of those sub-national human rights instruments. In doing so, it aims to identify what factors are necessary for a Human Rights Bill to be passed in New South Wales. This article has been informed by interviews with civil society organisations involved in advocacy for a Human Rights Act in Australia, including Australian Lawyers for Human Rights and the Rights Resource Network Australia.

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