Submission: Human Rights Act for NSW

29/09/2026

The Tenants’ Union welcomes the opportunity to provide a submission to the Community Services Committee inquiry into a Human Rights Act in NSW. Our submission is guided by our work with renters and the casework experience of the local Tenants’ Advice and Advocacy Services across NSW.  We are also a member of the Human Rights Act for NSW - an alliance of more than 130 legal and community, faith bodies and trade unions who work across NSW and who are calling for the enactment of a Human Rights Act for NSW. The ACT, Queensland and Victoria have all implemented a Human Rights Act and NSW is falling behind. The lack of human rights protections in NSW has serious impacts on the everyday lives of many people in our community.  A Human Rights Act for NSW should protect the rights that Australia has already promised to uphold under international law.  We know that NSW renters' human rights are currently overlooked and ignored due to the lack of a right to housing enshrined in legislation. A Human Rights Act for NSW must explicitly protect our right to adequate housing. The right to adequate housing is more than just having a roof over our head, it's also about the affordability, security, location and accessibility of the home. We must also protect rights that help us secure housing or stay in our home. Human rights like the right to privacy and family, the rights of children, the right to property or to equality before the law, have all been used to protect people’s right to housing in other jurisdictions with a Human Rights Act.

Recommendation 1: 

We recommend the enactment of a comprehensive Human Rights Act in New South Wales, including the right to adequate housing 

Recommendation 2:  

A Human Rights Act for NSW should articulate and protect the rights that Australia has already promised to uphold under international law.   

Recommendation 3 

A Human Rights Act for NSW should impose specific duties on NSW public authorities 

Recommendation 4 

A Human Rights Act for NSW should include accessible complaints mechanisms so that the people can take fast, low cost and effective action when they believe that their human rights have been breached. 

Recommendation 5 

A Human Rights Act for NSW should provide a robust parliamentary scrutiny process to ensure all proposed laws are assessed for compatibility with human rights. 

Recommendation 6 

A Human Rights Act for NSW should help courts to uphold people’s rights when making decisions.  

Recommendation 7 

A Human Rights Act for NSW should be reviewed regularly so that it can reflect the values and needs of the people of NSW. 

Recommendation 8 

A Human Rights Act for NSW should be accompanied by adequate resourcing and a measurement framework.