The Inquiry into the NSW Human Rights Bill 2025 is an important opportunity to consider how human rights can be better protected in NSW, particularly for people experiencing mental health challenges who may be subject to involuntary assessment, treatment, detention or restrictive practices under the Mental Health Act 2007.
Mental Health Coordinating Council (MHCC) welcomes the Inquiry and the broader discussion about how a Human Rights Act could improve accountability, decision-making, dignity, autonomy and participation across NSW.
OUR work so far
Ahead of these discussions, MHCC has developed three policy papers to support sector engagement with the proposed Human Rights Act for NSW. These are:
- A Human Rights Act for NSW Position Paper (October 2025)
MHCC’s 2025 paper sets out our position and invites feedback from members and the broader community-managed mental health sector. - NSW Human Rights Bill: Alignment with MHCC’s Position Paper
An analysis of how closely the draft Bill reflects MHCC’s recommendations, including areas where stronger protections and guidance may be needed. - Potential friction points between a Human Rights Act for NSW and the NSW Mental Health Act 2007: Discussion Paper
MHCC’s third paper focuses on issues most relevant to people under the Mental Health Act, including compulsory powers, limits on liberty and autonomy, supported decision-making, and safeguards where rights may be restricted.
BackgrounD
The Human Rights Bill 2025 was introduced to the NSW Parliament by Greens MP Jenny Leong. The Bill aims to create a Human Rights Act for NSW that would require governments and public authorities to consider people’s human rights when making decisions, developing policies and delivering services.
On 18 March 2026, the NSW Legislative Assembly referred the Bill to the Committee on Community Services for an inquiry. The Committee is now seeking feedback from organisations, experts and community members to understand how the proposed law would work in practice and whether any changes are needed.
Why this matters
A key message coming out of MHCC’s work is that whilst a Human Rights Act would not replace the Mental Health Act, it could significantly influence how decisions are made under it. By bringing a lived experience lens to the Inquiry and contributing practical analysis for the sector, MHCC is helping to ensure the conversation stays focused on what matters most: fairer systems, greater transparency, and stronger protection of the rights of people whose voices are too often diminished when they are at their most vulnerable.
The NSW Inquiry is also occurring alongside renewed national interest on human rights. On 25 May 2026, the Human Rights Bill 2026 was introduced in Federal Parliament, following recommendations from the Parliamentary Joint Committee on Human Rights. This will certainly help inform the development of the Bill in NSW, supporting more consistent human rights standards across Australia, with fairness, dignity and respect at the centre of government decision-making.
Our Recommendations
MHCC’s submission highlights that the Bill could be clearer and stronger in several areas, particularly in how it applies to mental health and psychosocial disability contexts.
MHCC recommends that the NSW Human Rights Bill 2025 be strengthened to:
- Clarify its purpose and scope
- Strengthen parliamentary scrutiny of laws and policies
- Protect judicial independence
- Require public authorities to comply with human rights
- Better address mental health and psychosocial disability contexts
- Clarify how the Bill would interact with the Mental Health Act 2007
- Improve supported decision-making and autonomy
- Support education, implementation and culture change across public systems
- Provide clear complaints and enforcement pathways
- Improve protections for people subject to involuntary or coercive systems
What happens next
The Committee will review submissions and possibly conduct hearings before redrafting the Bill and presenting it to parliament.
