Human rights Acts
In March 2025 Greens MP Jenny Leong gave notice of a bill to establish a human rights Act in NSW. The NSW Attorney-General, Michael Daley, said that the government is open to considering the issue. As at 1 August 2025, the bill had not been introduced.
This paper outlines how human rights are currently protected, reviews the debate about human rights Acts in Australia, and examines the features and effectiveness of the human rights Acts in the ACT, Victoria and Queensland.
Lenny Roth, BCom, LLB
Tom Gotsis, BA, LLB, Dip Ed, Grad Dip Soc Sci
Parliamentary Research Service
Research Paper 4, 2025
Read the paper
Key points
- There are some protections of human rights in NSW through the common law, the Australian Constitution, state and federal legislation, and a parliamentary scrutiny mechanism for bills. A key issue in the debate about a human rights Act is whether these protections are adequate.
- A 2001 committee report recommended, by majority, not enacting a human rights Act in NSW. A 2018 committee report noted that many stakeholders advocated for such an Act, and this needed wider debate. Several national reports have recommended a human rights Act.
- Three Australian jurisdictions have enacted human rights Acts: the ACT in 2004, Victoria in 2006 and Queensland in 2019. These Acts are all based on a dialogue model of human rights, which maintains parliamentary sovereignty.
- The Acts require government bills to be accompanied by a statement of compatibility, public entities to make decisions and act in ways that are compatible with human rights, and courts to interpret legislation consistently with human rights where possible.
- A person who believes their human rights have been breached by a public entity can complain to the entity, complain to an independent oversight body, or raise the human rights ground in legal proceedings. Courts can provide a range of remedies but not damages.
- Notable differences between the 3 Acts include the range of human rights that are protected, whether there is provision for parliament to make an override declaration, and whether individuals have a direct or indirect right of action to the courts.
- Most reviews of the 3 Acts have concluded that they are helping to protect and promote human rights. However, these reviews have identified a range of issues with the Acts and have made recommendations to improve their operation.
Published: 4 August 2025