20 March 2025
PWDA joins Human Rights Act for NSW (HRA4NSW) – an alliance of forty seven (47) civil society and community organisations in the call for an inquiry into a Human Rights Act for NSW.
HRA4NSW welcomes notice of a bill to establish a NSW Human Rights Act given by the NSW Greens today.
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.
NSW lags behind some of Australia's other most populous states in protecting the human rights of its residents. Human Rights Acts have already been passed in the Australian Capital Territory (2004), Victoria (2006) and Queensland (2019).
Significant momentum for legislative protection of human rights across Australia has been building. The South Australian Parliament is currently conducting an Inquiry into the Potential for a Human Rights Act for SA. 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 not only 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.
HRA4NSW calls on the Government to begin a community-wide conversation by establishing a public inquiry into a Human Rights Act for NSW.
Kerry Weste, HRA4NSW spokesperson and Vice President of Australian Lawyers for Human Rights (ALHR) said:
"The Australian Capital Territory, Victoria and Queensland have already enshrined human rights in Acts of Parliament. 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. For example, they have been used to protect women at risk of domestic violence, to ensure public housing is accessible for people with mobility issues, to prevent restrictive practises in aged care facilities, and to secure children access to education and healthcare services.
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 the chance to design a law that meets the needs of our many different communities."
Megan Spindler-Smith (they/them/Mx), Deputy CEO, People With Disability Australia (PWDA) said :
"We need a human rights approach that ensures people with disability are not forgotten or left behind when we talk about human rights. PWDA welcomes the Greens introduction of a Bill for a New South Wales Human Rights Act. An Act under which we are equal and fully protected is the right way forward for our community.
Existing human rights frameworks in New South Wales do not provide adequate protection or stop the violence, abuse, neglect and exploitation people with disability have endured for far too long.
When our rights are breached there must be consequences. It is critical the NSW Anti-Discrimination Commission is resourced to enforce new protections and ensure effective supports for all people in New South Wales."
Tim Roberts, President of the NSW Council for Civil Liberties (NSWCCL) said:
"A 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). 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. 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."
Sarah Marland, CLCNSW Executive Director said:
"In the absence of a Human Rights Act, the most vulnerable people in our community live without any legislated framework to protect their rights and freedoms. Human rights should be at the heart of the work of our government and its agencies, from the development of laws and policies, through to the smaller everyday decision-making that can so profoundly impact our quality of life. Everyone in NSW should be able to access affordable, simple solutions for justice if their human rights are breached."
Nikita White, Campaigner, Amnesty International Australia said:
"A Human Rights Act gives people in NSW a powerful tool to take action if they suffer human rights abuses. People in NSW need that tool now more than ever, whether they're a family living in their car because they can't afford housing or a pensioner putting off doctor's appointments because they can't afford healthcare. 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.
Amnesty's polling has shown that 75% of people support protecting everyone's human rights in law. We call on the NSW government to legislate a Human Rights Act so people in NSW can challenge human rights abuses, right wrongs, and create a fairer future for everyone."
Professor Amy Maguire, Director of the University of Newcastle Centre for Law and Social Justice said:
"Over the past three years, the Centre for Law and Social Justice has consulted extensively with school students from the Hunter region about the state of human rights in NSW. Young people are demanding that parliament act to protect their human rights. They are acutely aware of the social, economic and environmental challenges that put human rights at risk and call on political leaders to ensure that everyone has equal access to quality education, a healthy environment, and the chance to participate in public life.
There are significant disparities in opportunities and outcomes for people across NSW. The NSW Parliament drive meaningful change across the State by legislating human rights protections, because legal protection for human rights drives proactive approaches to human rights across our institutions and society."
