National Human Rights Act could override clashing laws
Australia has no national law that lists everyone's human rights. Andrew Wilkie's bill would create one. It would cover every level of government. It would let people complain to the Australian Human Rights Commission, the national human rights body.
Official name: Human Rights Bill 2026
- The bill lists about 28 human rights. They run from the right to life to rights to health, housing, work and a healthy environment.
- Federal, state and territory laws that clash with it would stop working. A parliament could say otherwise, but only for up to two years at a time.
- Courts would have to read laws in the way that best fits these rights.
- People could complain to the Australian Human Rights Commission. It could take cases to the Federal Court, a national court.
- It would start 12 months after it is signed into law.
Who it affects
- Everyone in Australia: Your human rights would be written into one national law that governments must respect.
- Federal, state, territory and local governments: Their laws and actions could be found to clash with the Act and stop working.
- The Australian Human Rights Commission: It would get new powers to look into rights being broken, check laws and handle complaints.
- Private people: The Act would not let anyone sue them or charge them with a crime for acting against it.
No national human rights law
Australia has signed many United Nations agreements on human rights. But there is no national law that lists people's human rights. There is no national law that lets them act when those rights are broken. Victoria, Queensland and the Australian Capital Territory each have their own human rights laws.
Andrew Wilkie, an independent member of the House of Representatives, brought this bill. That is the lower house of Parliament. His notes on it say it is needed so Australian law respects human rights. They say people need a real way to fix things when their rights are broken.
The bill is based on two earlier plans. One is the Australian Bill of Rights Bill 2019. The other is a model Human Rights Act from the Australian Human Rights Commission. A group of MPs and senators on human rights had looked at that model.
It aims to bring parts of four United Nations agreements into Australian law. They cover civil and political rights, and rights about money, social life and culture. They also cover children's rights and the ban on torture.
The rights it lists
Part 4 sets out the rights. They include being equal before the law and being free from unfair treatment. They include the right to life and protection from torture.
There are rights to privacy and to move freely. There are rights to freedom of religion, free speech and peaceful protest. There is a right to take part in public life.
There are rights for people accused of crimes. These include a fair hearing and not being tried twice for the same thing. They include being paid back if found guilty when innocent. People held by police or in jail must be treated with care and respect. Children in the justice system get extra protections.
It also lists rights to culture, education, health and a decent standard of living. It lists rights to a healthy environment, work and welfare support. It bans slavery and forced work.
Only people have these rights. Companies do not.
When rights can be limited
Most rights can be limited, but only if the limit follows these tests. It must be lawful and have a proper goal. It must be fair and needed, and no bigger than it needs to be. People must be asked fairly first. Someone must keep watch, and it must be reviewed.
Some rights can never be limited. These include the ban on torture and the ban on slavery. They include the freedom to hold a religion or belief, and the right to hold opinions.
Two more rights can never be limited. One bans punishing people under crimes made after the act. The other bans jailing people just because they cannot keep to a contract.
Effect on other laws
This is the biggest change. Any federal, state or territory law that clashes with the Human Rights Act would not work, as far as it clashes.
A parliament could keep a law going by saying plainly that it works despite the Act. That statement would only last two years. The parliament could renew it, again for two years at a time.
Some laws can be read more than one way. Courts would have to choose the meaning that best fits the Act.
Say a state passes a law that limits protests more than it needs to. Under this bill, that part of the law could stop working. The exception is if the state parliament said it would apply anyway.
The Act would only reach as far as federal power allows under the Constitution, the nation's founding rule book. It would not let anyone be sued or charged with a crime just for acting against it.
New powers for the Commission
The Australian Human Rights Commission is the national body that deals with unfair treatment and human rights. The bill would give it new jobs.
It could look into anything a government body does that may break the Act. It must tell the Minister in charge first. It could also check laws that exist now and laws that are planned. It could do research and teach people about their rights.
Anyone could complain to the Commission that their rights under the Act were broken. The Commission could try to settle it by bringing both sides together to agree. Cases could go to the Federal Court or the Federal Circuit Court, a lower national court.
A person affected could also ask those courts for an urgent order. The order would stop something while the case is heard.
The government bodies covered include federal, state and territory agencies and the companies they control. They include people who hold public office, and local councils.
Reports to Parliament
The Minister would have to put the Commission's reports before Parliament within 15 days of getting them.
Some reports may be about a state law or action. Then the Minister must first send it to that state's Attorney-General, the state's minister for the law. The report goes to Parliament after the state replies, or after 30 days.
Start date
A government minister did not bring this bill. Mr Wilkie brought it into the House of Representatives on 25 May 2026. On that day he formally asked the House to vote on its main idea.
The House still has to debate it and vote. If it passed, it would go to the Senate, Parliament's second house. The Act would start 12 months after the Governor-General signs it into law. The Governor-General stands in for the King.
Its journey through Parliament
| 25 May 2026 | House of Representatives: Introduced and read a first time |
| 25 May 2026 | House of Representatives: Second reading moved |