Question 3: New South Wales should introduce legislation similar to the Human Rights Act
2019 (Qld). Discuss.
The introduction of legislation similar to the Human Rights Act 2019 (Qld)1 in New South Wales
(NSW) jeopardises the quality of Australian democracy and the legal system, and the protection
provided would be illusory. Discourse supporting a Human Rights Bill in NSW concerns the
notions that human rights are not adequately protected and that by defining these rights throughout
statute such rights will be protected. Whilst there is some merit to a NSW Bill of Rights, an
examination of existing human rights protections and the ineffectiveness of other states Human
Rights Acts indicates that, although human rights abuses occur in Australia, the benefits deriving
from a bill of rights are achievable through other measures and would not necessarily protect
against human rights violations.
Support for the introduction of a bill of rights in NSW similar to that of the Human Rights Act 2019
(Qld)2 centres around desire for increased accountability of government and the strengthening and
consolidation of human rights protections for persons in NSW. Proponents of a bill of rights argue
that past experience demonstrates that human rights protections are inadequate without a bill of
rights and, to illustrate inadequacy, draw reference to recent examples of persons whose rights
would have been better protected if international treaties had been implemented in statute.3To
redress human rights failures, a charter which clearly outlines the responsibility of the government
and its agencies would assist these bodies in upholding the rights of all persons. However, it is not
necessarily evident that a bill of rights would redress these issues. Many deficiencies which are
1 Human Rights Act 2019 (Qld).
2 Human Rights Act 2019 (Qld).
3Bernice Carrick, ‘Freedom on the Wallaby: A Comparison of Arguments in the Australian Bill of Rights
Debate’ (2010) 1 The Western Australian Jurist.
, identified by proponents of the establishment of a bill of rights have been rectified through the
common law and the democratic process. In the absence of constitutionally derived rights,4
Commonwealth and State acts directly implement various human rights and procedures and
governmental bodies that assist in the realisation of other human rights. In NSW, acts such as the
Anti-Discrimination Act,5 the Housing Act6 and the Public Health Act7 implement protections which
are consistent with human rights principles. Indigenous Australians are a group identified by
proponents of a bill of rights who lack protection and would benefit from a bill of rights.8 However,
a concerted effort by the state government and its agencies to protect the rights of Indigenous
Australians by improving conditions Aboriginal communities is evident. 9 Moreover, administrative
law and common law play a pivotal role in safeguarding the rights of individuals. Decision such as
Mabo10 and Kioa v West11 illustrate the common law’s capacity to protect human rights whilst the
establishment of the Australian Human Rights Commission12 actively promotes human rights.13
Subsequently, it is evident that existing legal mechanisms are capable of adequately protecting
human rights.
4The Constitution of Australia explicitly and implicit protected humans rights; See, for example; Commonwealth of
Australia Constitution Act ss 7, 24, 41, 51(xxxi), 80, 116, 117.
5 Anti-Discrimination Act 1977 (NSW).
6The Housing Act 2001 (NSW) promote rights identified Article 25 of the Universal Declaration of Human Rights and
Article 11 of the International Convention on Economic, Cultural and Social Rights.
7The Public Health Act 2010 (NSW) promotes rights identified in Article 25 of the Universal Declaration of Human
Rights.
8Mandatory sentences in the Northern Territory, for example, disproportionately effects Indigenous Australians and
often diminishes their human rights; Carrick (n 49).
9For example, the Aboriginal Land Rights Act 1983 (NSW) provides and recognises land rights of Indigenous people in
NSW whilst NSW Health has demonstrated a commitment to supporting Indigenous health in particular through the
Aboriginal Health Plan 2013-2023.
10 Mabo and Others v Queensland (No. 2) (1992) 175 CLR 1.
11 [1985] HCA 81.
12 Human Rights and Equal Opportunity Commission Act 1986 (Cth).
13 The AHRC hears discrimination and human rights complaints, providing reports to Parliament of law reform issue.
2019 (Qld). Discuss.
The introduction of legislation similar to the Human Rights Act 2019 (Qld)1 in New South Wales
(NSW) jeopardises the quality of Australian democracy and the legal system, and the protection
provided would be illusory. Discourse supporting a Human Rights Bill in NSW concerns the
notions that human rights are not adequately protected and that by defining these rights throughout
statute such rights will be protected. Whilst there is some merit to a NSW Bill of Rights, an
examination of existing human rights protections and the ineffectiveness of other states Human
Rights Acts indicates that, although human rights abuses occur in Australia, the benefits deriving
from a bill of rights are achievable through other measures and would not necessarily protect
against human rights violations.
Support for the introduction of a bill of rights in NSW similar to that of the Human Rights Act 2019
(Qld)2 centres around desire for increased accountability of government and the strengthening and
consolidation of human rights protections for persons in NSW. Proponents of a bill of rights argue
that past experience demonstrates that human rights protections are inadequate without a bill of
rights and, to illustrate inadequacy, draw reference to recent examples of persons whose rights
would have been better protected if international treaties had been implemented in statute.3To
redress human rights failures, a charter which clearly outlines the responsibility of the government
and its agencies would assist these bodies in upholding the rights of all persons. However, it is not
necessarily evident that a bill of rights would redress these issues. Many deficiencies which are
1 Human Rights Act 2019 (Qld).
2 Human Rights Act 2019 (Qld).
3Bernice Carrick, ‘Freedom on the Wallaby: A Comparison of Arguments in the Australian Bill of Rights
Debate’ (2010) 1 The Western Australian Jurist.
, identified by proponents of the establishment of a bill of rights have been rectified through the
common law and the democratic process. In the absence of constitutionally derived rights,4
Commonwealth and State acts directly implement various human rights and procedures and
governmental bodies that assist in the realisation of other human rights. In NSW, acts such as the
Anti-Discrimination Act,5 the Housing Act6 and the Public Health Act7 implement protections which
are consistent with human rights principles. Indigenous Australians are a group identified by
proponents of a bill of rights who lack protection and would benefit from a bill of rights.8 However,
a concerted effort by the state government and its agencies to protect the rights of Indigenous
Australians by improving conditions Aboriginal communities is evident. 9 Moreover, administrative
law and common law play a pivotal role in safeguarding the rights of individuals. Decision such as
Mabo10 and Kioa v West11 illustrate the common law’s capacity to protect human rights whilst the
establishment of the Australian Human Rights Commission12 actively promotes human rights.13
Subsequently, it is evident that existing legal mechanisms are capable of adequately protecting
human rights.
4The Constitution of Australia explicitly and implicit protected humans rights; See, for example; Commonwealth of
Australia Constitution Act ss 7, 24, 41, 51(xxxi), 80, 116, 117.
5 Anti-Discrimination Act 1977 (NSW).
6The Housing Act 2001 (NSW) promote rights identified Article 25 of the Universal Declaration of Human Rights and
Article 11 of the International Convention on Economic, Cultural and Social Rights.
7The Public Health Act 2010 (NSW) promotes rights identified in Article 25 of the Universal Declaration of Human
Rights.
8Mandatory sentences in the Northern Territory, for example, disproportionately effects Indigenous Australians and
often diminishes their human rights; Carrick (n 49).
9For example, the Aboriginal Land Rights Act 1983 (NSW) provides and recognises land rights of Indigenous people in
NSW whilst NSW Health has demonstrated a commitment to supporting Indigenous health in particular through the
Aboriginal Health Plan 2013-2023.
10 Mabo and Others v Queensland (No. 2) (1992) 175 CLR 1.
11 [1985] HCA 81.
12 Human Rights and Equal Opportunity Commission Act 1986 (Cth).
13 The AHRC hears discrimination and human rights complaints, providing reports to Parliament of law reform issue.
