The New South Wales Human Rights Bill 2025 establishes a robust framework to recognise, protect, and promote human rights within the State. It enshrines a wide spectrum of civil, political, economic, social, and cultural rights, integrates international human rights standards, mandates compatibility assessments for legislation, and institutes mechanisms for monitoring, enforcement, and public education. The Act also creates institutional structures—such as the Human Rights Commission and Parliamentary Committee—to support its objectives and ensure ongoing review and development aligned with human rights principles.

The Commission is established as a corporate body with the Human Rights Commissioner appointed for a five-year term.
	•	Functions include handling complaints, providing remedies, educating the public, reviewing laws and policies, investigating public authorities, promoting public discussion on human rights, and advising the Attorney General

Preamble
The Parliament of New South Wales recognises that:
	•	Human rights apply from birth and are universal, indivisible, interdependent, and interrelated.
	•	Human rights are essential to a democratic, inclusive society respecting the rule of law, human dignity, equality, and freedom.
	•	Human rights belong to all people without discrimination, and diversity enriches the community.
	•	Limitations on human rights must only occur after careful consideration and be justifiable in a free and democratic society.
	•	The fundamental right to self-determination of all peoples, especially First Nations peoples, is acknowledged, including their right to free, prior, and informed consent regarding their lands and culture.

Part 1: Preliminary
	•	Name and Commencement: The Act is titled the Human Rights Act 2025 and commences on the date of assent.
	•	Definitions: Key terms are defined in Schedule 3 for clarity.
	•	Objectives:
	?	To respect, protect, and promote human rights.
	?	To build a culture within the public sector that respects human rights.
	?	To encourage dialogue about the nature and scope of human rights.
	?	To establish a Parliamentary Joint Committee on Human Rights.
	?	To establish the New South Wales Human Rights Commission with complaint handling powers.
	?	To ensure statutory provisions are interpreted compatibly with human rights.
	?	To align NSW law with Australia’s international human rights obligations.
	•	Application:
	?	The Act binds all individuals and public authorities within NSW and, where legislative power permits, the Commonwealth and other States.
	?	Applies to courts, tribunals, Parliament (when performing public functions), and public authorities.
	•	Concurrent Operation: The Act operates alongside other laws that further human rights without excluding or limiting them.
	•	Public Authority Definition:
	?	Includes government agencies, commissions, tribunals, statutory corporations, ministers, courts (in administrative capacity), private entities performing public functions, and individuals exercising public functions.
	?	Explicit exclusions include Parliament and courts acting in non-administrative roles.
	•	Determining Public Nature of Functions: Factors such as statutory conferral, governmental connection, regulatory nature, public funding, and state ownership are considered.

Part 2: Human Rights
Division 1: Preliminary Principles
	•	Human rights are held only by individuals, not corporations or bodies politic.
	•	Rights in this Act supplement other rights and freedoms and do not replace or limit them.
	•	Rights may be limited only by reasonable and justifiable laws consistent with human dignity, equality, and freedom.
	•	Factors for assessing limitations include the nature of the right, legitimacy of objectives, proportionality, safeguards, oversight, and consideration of vulnerable groups.
	•	The Act does not permit any individual or entity to limit human rights beyond what is provided [[14]].
Division 2: Enumerated Human Rights
The Bill enshrines a comprehensive list of rights, including but not limited to:
	•	Civil and Political Rights:
	?	Right to recognition and equality before the law; freedom from discrimination.
	?	Right to life and prohibition of arbitrary deprivation of life.
	?	Prohibition of torture, cruel, inhuman, or degrading treatment.
	?	Rights of First Nations peoples, including cultural, spiritual, political, and economic rights, with emphasis on self-determination and protection from forced assimilation.
	?	Rights of children to protection, to express views, and to have those views considered.
	?	Right to privacy and reputation, including protection against unlawful surveillance.
	?	Freedom of movement and religion.
	?	Right to peaceful assembly and freedom of association, including union rights [[17]].
	?	Freedom of opinion and expression.
	?	Right to participate in public life and voting.
	?	Rights related to liberty, security, fair trial, humane treatment when deprived of liberty, and protection from double jeopardy and retrospective criminal laws.
	•	Social, Economic, and Cultural Rights:
	?	Right to culture, education, health, adequate standard of living, housing, work, social security, property, and a healthy environment.

Part 3: Application of Human Rights
Division 1: Interpretation of Laws
	•	Statutory provisions must be interpreted, as far as reasonably possible, in a manner compatible with human rights.
	•	If full compatibility is impossible, the interpretation must be the most compatible with human rights consistent with the law’s purpose.
	•	International human rights law and relevant judicial decisions must be considered in interpretation.
	•	The validity of incompatible laws is not affected by this Act.
Division 2: Obligations of Public Authorities
	•	It is unlawful for public authorities to act or make decisions incompatible with human rights or to fail to properly consider relevant human rights.
	•	Exceptions exist where statutory or other binding legal obligations prevent alternative actions.
	•	Proper consideration includes identifying relevant rights, assessing compatibility, and ensuring participation of affected groups (e.g., First Nations peoples, children, people with disabilities, women, older people, LGBTIQA+ individuals, and victims).
	•	Acts or decisions contrary to this section are not invalid per se, and individuals acting in contravention do not commit offences.
Legal Proceedings
	•	Individuals or groups can lodge complaints with the Human Rights Commission or initiate proceedings in the Civil and Administrative Tribunal or Supreme Court within 12 months of the alleged contravention.
	•	Costs may be awarded to successful applicants but not to respondents unless caused by unreasonable applicant conduct.

Part 4: Parliamentary Joint Committee on Human Rights
	•	An 8-member joint committee (4 from each House, excluding Ministers) is established.
	•	The Committee’s functions include examining Bills, statutory rules, and Acts for human rights compatibility, conducting inquiries, and reporting to Parliament.

Part 5: Statements of Compatibility
	•	A statement of compatibility must be prepared for every Bill and statutory rule, assessing compatibility with human rights and justifying any limitations.
	•	Statements do not bind courts, tribunals, or the Commission.
	•	Failure to prepare a statement does not affect the validity or enforcement of the legislation.

Part 6: New South Wales Human Rights Commission
Division 1: Establishment and Functions
	•	The Commission is established as a corporate body with the Human Rights Commissioner appointed for a five-year term.
	•	Functions include handling complaints, providing remedies, educating the public, reviewing laws and policies, investigating public authorities, promoting public discussion on human rights, and advising the Attorney General.
Division 2: Human Rights Complaints
	•	Complaints relate to alleged contraventions by public authorities or systemic issues.
	•	Eligible complainants include affected individuals, their agents, or authorised persons.
	•	Complaints require prior complaint to the public authority and a waiting period (usually 45 business days) before submission to the Commission.
	•	Complaints may be referred by Ombudsman, ICAC, or Anti-Discrimination Board with consent.
	•	The Commissioner may investigate, request information, conduct conciliation conferences, and issue reports on unresolved complaints.
	•	Conciliation is informal, confidential, and does not affect rights to other remedies.
	•	The Commissioner must annually report on complaint statistics, outcomes, and systemic issues to the Attorney General, who tables reports in Parliament.

Part 7: Review and Reporting
	•	Public authorities with annual reporting obligations must include human rights actions and complaints information.
	•	The Commissioner can request information from public authorities for reporting.
	•	Protections exist for individuals providing information honestly.
	•	The Commissioner can prohibit disclosure of identifying information to protect individuals involved in complaints.

Part 8: Miscellaneous Provisions
	•	The Attorney General must conduct an independent review of the Act within two years to assess policy relevance, appropriateness, and potential enhancements, including rights of First Nations peoples and inclusion of further rights consistent with international treaties.
	•	The Secretary may approve forms; the Governor may make regulations necessary for the Act’s operation.

Schedules
	•	Schedule 1: Lists key international human rights instruments informing the Act’s interpretation, including core UN treaties such as the ICCPR, ICESCR, CRC, CEDAW, CAT, CRPD, and the UN Declaration on the Rights of Indigenous Peoples.
	•	Schedule 2: Contains savings, transitional, and other provisions related to the Act’s commencement.
	•	Schedule 3: Provides a dictionary defining key terms used throughout the Act.

Conclusion
The New South Wales Human Rights Bill 2025 establishes a robust framework to recognize, protect, and promote human rights within the State. It enshrines a wide spectrum of civil, political, economic, social, and cultural rights, integrates international human rights standards, mandates compatibility assessments for legislation, and institutes mechanisms for monitoring, enforcement, and public education. The Act also creates institutional structures—such as the Human Rights Commission and Parliamentary Committee—to support its objectives and ensure ongoing review and development aligned with human rights principles.

This summary is based on the full text of the New South Wales Human Rights Bill 2025 as introduced into Parliament.