Australia's need for a national Human Rights Act

May 6, 2026

I refer to John Menadue’s article of 4 May advocating for a national Human Rights Act that properly protects basic rights and which is long overdue. We’re often told our Australian system and Parliament are enough, but when we see young Indigenous kids being locked up, or refugees left in limbo for years, I can’t help wondering what human rights they really have in practice. Right now, it feels like rights depend too much on the government of the day. A national Human Rights Act wouldn’t take power away from Parliament, but it would mean governments have to explain and justify decisions that limit basic rights. At present, rights protections are fragmented and inconsistent, depending on which laws apply and where a person lives. That leaves too much room for serious rights issues to fall through the cracks without effective remedy. As Australians, we should be asking why, after so many inquiries and recommendations, Australia continues to delay establishing a clear national framework for protecting human rights. In a democracy that prides itself on diversity, equity and inclusion, it’s a reasonable expectation that these values are supported by a formal rights framework that gives them real voice.