New South Wales remains one of the few jurisdictions in Australia without a Human Rights Act.

Human rights shape how services are delivered, how people are treated, and how public bodies are held accountable. Without a Human Rights Act, there is no single, consistent legal framework that protects people’s fundamental rights or guides how government agencies make decisions that affect people’s lives. For people living with mental health challenges and psychosocial disability, the absence of such protections is especially significant, as they often navigate systems where autonomy, consent and fairness can be compromised.

Mental Health Coordinating Council (MHCC) supports the introduction of a Human Rights Act for NSW to embed dignity, equality and accountability across legislation, policy and everyday decision-making.

Position Paper: A Human Rights Act for NSW

Mental Health Coordinating Council’s Position Paper outlines why NSW needs a Human Rights Act and what the Act should include. It outlines how a Human Rights Act can protect people’s dignity, safety and autonomy, especially for those living with mental health challenges and psychosocial disability. The paper also describes a model that keeps Parliament in control of law-making while ensuring government agencies respect people’s rights. Its purpose is to help our members understand the issues and contribute to future consultations. 

Read the Position Paper

Review: NSW Human Rights Bill 2025

In October 2025, the NSW Human Rights Bill 2025 was introduced to Parliament by NSW Greens Member, Jenny Leong MP. MHCC reviewed the Bill to understand how well it aligns with the approach we recommend for protecting human rights in NSW. 

The Bill includes many elements that MHCC supports, such as clear responsibilities for government agencies to act in line with human rights and a model that encourages Parliament and the courts to work together to resolve issues. Our review also identifies areas where the Bill could be strengthened, including stronger protections for people with mental health challenges, clearer safeguards to maintain judicial independence and more education and support to help public services embed a human rights approach in their everyday work. 

Read the Review

Discussion Paper: Potential friction points between a Human Rights Act for NSW and the NSW Mental Health Act 2007

This Discussion Paper explores the potential points of tension between a proposed Human Rights Act for New South Wales and the operation of the NSW Mental Health Act 2007. It aims to inform sector and public discussion by examining how a dialogue‑model Human Rights Act could reshape mental health decision‑making in practice, particularly in relation to compulsory powers, supported decision‑making and accountability, without overriding existing legislation.

Read the Discussion Paper

submission to the community services committee: Inquiry into the nsw human rights bill 2025

This submission to the Inquiry supports stronger human rights protections in NSW, with a particular focus on how the Bill would operate for people experiencing mental health challenges and subject to the Mental Health Act. Our submission recommends strengthening the Bill through clearer public authority obligations, stronger safeguards, improved supported decision-making, and more explicit protections in coercive mental health contexts. 

Read the Submission

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