Two peak legal bodies in New South Wales have joined growing calls for a public inquiry into adopting a Human Rights Act, arguing the absence of such legislation is failing disadvantaged communities.
The NSW Bar Association and the Law Society of NSW have urged the state government to refer the Human Rights Bill 2025 to a parliamentary inquiry for consultation and review.
In October, Greens MP Jenny Leong introduced the private member's bill, proposing a model similar to those already in place in Victoria, the ACT, and Queensland.
"For too long, NSW has failed to provide appropriate protection through an established human rights framework for the rights of our state's population, particularly those of disadvantaged members of our community," Bar Association President Dominic Toomey SC said.
He argued a "comprehensive public inquiry" would allow Parliament to hear from people whose rights have been denied, as well as experts on how a Human Rights Act could operate "appropriately and effectively for the people of NSW".
"Every day the Association's members work alongside First Nations people, minority groups, children, people with disability and many others whose human rights have been failed to be observed in some way," he added.
Last month, Human Rights Act for NSW - an alliance of 90 peak and community organisations - also called for Ms Leong's bill to be referred for detailed public consultation.
Aboriginal Legal Service NSW/ACT chief executive Karly Warner said new legislation was essential, arguing that First Nations people's rights are routinely violated in prisons, the child protection system, and by police.
She said any consultation must ensure First Nations voices are included.
"Enacting a Human Rights Act for NSW could provide much-needed protection and recourse for when these rights are not upheld as they should be," Ms Warner said.
"Having a Human Rights Act would bring NSW in line with Victoria, Queensland and the ACT, where human rights protections are already enshrined."
Law Society President Jennifer Ball said the organisation's long-standing support for a standalone act is based on its "commitment to the rule of law, as it would provide a clear, principled framework for consistent decision-making".
"A full and open parliamentary inquiry will enable robust public debate about this important issue," Ms Ball said.
"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."
When introducing her bill, Ms Leong said it would "protect the rights of all, while at the same time promoting a better understanding of human rights to empower everyone to seek justice if their rights are violated".
"A Human Rights Act brings together all our rights in one place, and requires public officials to respect them," she added.
Attorney-General Michael Daly said in March that the government was "always open to considering the issue and working constructively to determine" whether a Human Rights Act was right for NSW, though Labor has previously ignored expert advice - including recommendations from its own drug summit to end the use of sniffer dogs and strip searches at festivals.
Calls for reform come amid growing concern at the treatment of disadvantaged people across the state.
More than 50,000 COVID-19 fines were overturned by the NSW Supreme Court after being declared invalid, and a report last year found disadvantaged and First Nations children were disproportionately targeted by police during the pandemic - with fines of up to $5,000 driving families into financial hardship.
Despite the National Agreement on Closing the Gap, NSW continues to incarcerate First Nations people at an "increasingly and alarmingly high rate". Between June 2023 and June 2025, the number of Aboriginal adults in custody rose by about 18 per cent, while the number of Aboriginal young people in detention increased by about 36 per cent.
National Director of ANTAR, Blake Alan Cansdale, said "for too long, the inherent human rights of Aboriginal peoples have been treated as optional in NSW."
"A Human Rights Act would help change that, by embedding fairness, dignity and accountability into the way that the NSW Government makes laws, develops policy and delivers services."
Former Queensland Human Rights Commissioner Scott McDougall - who helped implement Queensland's Act - told National Indigenous Times last month that its effectiveness during the COVID-19 pandemic proved its value. He said that, unlike the Closing the Gap agreement, Queensland's Act is enforceable, and similar protections should be adopted nationally.
"Australia definitely needs to shore up its protections of human rights, and really, at the international level, we're seeing it play out now. Australia was originally a very willing participant and, in fact, a leader of many of the early treaties, and sadly, we seem to have lost that leadership," he said.
"But now, more than ever, we need to double down on human rights in Australia and become strong vocal advocates at an international level."
