By Henry Ea -
The peak bodies representing New South Wales' legal profession have joined forces, calling for an immediate public inquiry into the state's proposed human rights legislation, warning that the opportunity to codify fundamental protections is fast running out.
With just days left before the Human Rights Bill 2025 is set to lapse on 26 March 2026, the NSW Bar Association and the Law Society of NSW stress that a prompt referral of the legislation to a parliamentary inquiry is necessary to secure enhanced legal protections for the state.
Dominic Toomey SC, President of the NSW Bar Association, argued the current lack of a unified Human Rights Act leaves the state’s most vulnerable citizens at risk.
“Protecting human rights cannot be a legislative afterthought. It should be a foundational component of NSW law,” Toomey said. He noted that despite decades of advocacy, current protections remain “unacceptably fragmented and ad hoc.”
“The NSW Parliament can help to right this by referring the Human Rights Bill 2025 to a public inquiry. This would enable experts and the community at large to have their say,” Tomey suggested.
The Law Society of NSW, which has long advocated for a standalone Act, emphasised that such a framework is not just about social justice, but about consistent governance.
President Ronan MacSweeney stated that the Law Society stands ready to assist the government whether it pursues the current Bill or develops its own version in the future.
“The Law Society’s support for a standalone Human Rights Act is grounded in our commitment to the rule of law,” MacSweeney said. “Such legislation would provide a clear, principled framework for consistent decision-making.”
This advocacy is backed by the Law Society’s updated Thought Leadership paper Human Rights Legislation for NSW , which contends that codifying these rights would provide a vital shield for marginalised groups, foster social unity through a shared framework of legal values, and hardwire fairness into administrative decision-making.
“Appropriately framed legislation could strengthen the protection and promotion of human rights in NSW as well as helping to foster social cohesion and providing fairness and justice to the community,” MacSweeney said.
With the clock ticking on the current Bill, advocates are making sure the government hears them. On Tuesday morning, representatives from the Human Rights Act for NSW campaign—an alliance now boasting over 120 member organisations—gathered outside NSW Parliament to call on the Minns Labor Government to honour its commitment to public consultation by referring the proposed human rights legislation to a formal inquiry.
Member for Newtown, Jenny Leong, stood with advocates, arguing that the current social climate has reached a breaking point that “ad-hoc” policy can no longer repair.
“In a time where we’ve seen such hatred and such division in our community, it is clear that we need to stop offering band-aid, ad-hoc solutions to the level of crisis that our communities face,” Leong stated.
She framed the Act not just as a legal document, but as an “incredibly powerful tool” designed to deliver the justice, equality, and dignity she believes the NSW public is currently “crying out for.”
While residents in Victoria, Queensland, and the ACT already live under the protection of legislated human rights frameworks, NSW remains the only major Australian jurisdiction without one.
“It is absolutely critical that New South Wales steps it up now,” Leong urged, noting that an inquiry is the essential next step to ensure NSW citizens aren’t left behind their interstate counterparts.
