More than 100 organisations and individuals have urged New South Wales MPs to support a public inquiry into introducing a Human Rights Act, arguing the state is falling behind the rest of the country.
On Thursday, Greens MP Jenny Leong will introduce a private member's bill to NSW Parliament, proposing a model similar to those already in place in Victoria, the ACT, and Queensland.
During question time in March, Ms Leong said a Human Rights Act would strengthen protections in NSW for fundamental rights, including freedom of protest, education, and housing.
"The NSW Government cannot be trusted when it comes to protecting and promoting human rights for people in our state," she said.
"Our communities deserve better than ad hoc, reactive reform that offers nothing beyond more criminalisation, more policing and more political spin."
In response, Attorney-General Michael Daly said, "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."
The NSW Labor platform, re-endorsed last year, commits to community consultation on new laws to better protect residents' human rights.
Human Rights Act for NSW - an alliance of 90 peak and community organisations - has called for Ms Leong's bill to be referred for detailed public consultation.
Karly Warner, CEO of the Aboriginal Legal Service (ALS) NSW/ACT, said new legislation was essential, arguing the rights of First Nations people are routinely violated in prisons, the child protection system, and by police. She added that Parliament must ensure any consultation on a Human Rights Act includes First Nations voices.
"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."
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.
"It would also bring NSW standards of governance into greater alignment with international standards, including the UN Declaration on the Rights of Indigenous Peoples (UNDRIP)."
In Queensland, the Human Rights Act has been suspended several times by both major parties to permit children to be held in adult watch houses and face potential life imprisonment.
Despite this, former Human Rights Commissioner Scott McDougall - who helped implement the Act - defended it, telling National Indigenous Times this month its effectiveness during the COVID-19 pandemic proved its value. He noted that, unlike the Closing the Gap agreement, Queensland's Act is enforceable and similar provisions should be rolled out nationally.
"We do need a national Human Rights Act, unquestionably," he said. "We really need a responsive human rights protection regime in Australia.
"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. But now, more than ever, we need to double down on human rights in Australia and become strong vocal advocates at an international level."
In NSW, more than 50,000 COVID-19 fines were overturned by the state's Supreme Court after being declared invalid. 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 many families into financial hardship.
Caitlin Reiger, CEO of the Human Rights Law Centre, said, "Everyone benefits from having Human Rights at the heart of our laws."
"We've already seen how human rights laws in Victoria, Queensland and the ACT have made a real difference to people's lives - from overturning unfair evictions, safeguarding access to medical treatment, and stopping children from being locked up in cruel conditions," she said.
"People in NSW deserve these human rights protections too."