Greens push for NSW Human Rights Act, Attorney General open to discussion

Leong raised the issue on Wednesday during Question Time in Parliament, emphasising that a Human Rights Act would provide a holistic alternative to the current fragmented approach to reform. She argued that such legislation would ensure stronger legal protections for fundamental rights, including housing, freedom of protest, and education.  

“The NSW Government cannot be trusted when it comes to protecting and promoting human rights for people in our state,” Leong stated. “Our communities deserve better than ad hoc, reactive reform that offers nothing beyond more criminalisation, more policing and more political spin.” 

She criticised the NSW Government’s recent actions, citing the “decimation of our right to protest,” the extension of “hate speech protections for only a select few,” and the implementation of bail laws that “disproportionately impact First Nations kids.” 

Daley acknowledged the complexity of enacting a Human Rights Act but expressed a willingness to engage with the proposal. “The Government is always open to considering the issue and working constructively to determine whether this proposal is a course of action that is in the best interests of the people of New South Wales,” he said.  

He emphasised the need to ensure that any human rights legislation is effective, does not hinder the government’s ability to respond to immediate community needs, and avoids creating burdensome bureaucratic processes. He also highlighted the existing framework of common and statute law in NSW, which already contains many built-in protections. 

The Law Society of NSW has welcomed the development. President Jennifer Ball stated that the bill has the potential to foster social cohesion and provide more fairness and justice in the community. 

“The Law Society has long advocated for standalone human rights legislation in Australia and NSW. If properly framed, such laws can lead to better decision-making across all branches of government.” 

“We look forward to engaging in consultation both on the drafting of the bill and, if it passes, on its implementation,” Ball said. 

Ball also pointed to the COVID-19 pandemic as a stark reminder of the “fragility of structures supporting human rights in NSW and Australia,” where decisions on curfews and border closures could not be adequately challenged in courts. 

The Law Society’s 2022 working paper, Human Rights Legislation for NSW, which includes contributions from prominent figures like former Premier Bob Carr, who previously opposed a Charter of Rights, underscores the growing support for such legislation. 

Leong welcomed the Attorney General’s openness to discussion and expressed her intention to work with the government and civil society organisations to deliver this “long-overdue reform.” 

“As the political landscape tilts increasingly to the authoritarian right, a proactive vision for defending and extending human rights is more urgent than ever,” Leong concluded.