This bill is currently before Parliament.
Law, justice & rights
People across Australia would gain nationally protected rights to equal treatment, life, privacy, free expression and peaceful assembly.
Andrew Wilkie (Independent), who introduced the bill, said Australia needed one consistent national system because international promises were routinely ignored. He pointed to refugee detention, restrictions on protest, harsher treatment of children and harmful welfare decisions. He also said only four of 19 Closing the Gap targets — national measures of outcomes for First Nations people — were on track. Wilkie said the proposal drew heavily on a 2024 parliamentary committee model and would bring four major international human rights agreements into Australian law.
For years, Australia had no single national framework covering the full range of human rights or providing a consistent remedy for breaches. After Andrew Wilkie MP’s earlier 2017 and 2019 bills and the Parliamentary Joint Committee on Human Rights’ 2024 finding that a rights-based legal framework was needed, his private member’s bill was introduced on 25 May 2026 to establish a national Human Rights Act and complaint pathway.
The evidence pack does not contain a speech setting out arguments against the bill. Andrew Wilkie (Independent) said the government and opposition had resisted his earlier proposals in 2017 and 2019, but he did not explain their objections.
Andrew Wilkie MP introduced this bill. Supportive speeches so far have come from some crossbench members.
Did it become law?
Not yet
Final passage
No final vote yet
The bill has not yet completed passage through Parliament.
Days since introduction
74 days
Updated 07 Aug 2026.
Meaning
People across Australia would gain nationally protected rights to equal treatment, life, privacy, free expression and peaceful assembly.
People would also gain rights to education, health care, adequate housing, safe food and water, work and social security.
People affected by conflicting laws could rely on the Human Rights Act. An inconsistent law would have no effect to the extent of the conflict.
People reading federal, state or territory laws would have those laws interpreted in the way most consistent with protected rights.
People could complain to the Australian Human Rights CommissionThe national agency that investigates and promotes human rights., the national rights watchdog, about government actions that infringe their rights.
People facing an urgent threat to their rights could ask a federal court for a temporary order protecting the current position.
Federal, state and territory parliaments could temporarily exempt a law from the Act. Each exemption would expire after two years unless renewed.
22 Right to recognition and equality before the law and freedom from discrimination (1) Every person has the right to recognition as a person before the law. Note: The right to recognition as a person before the law must not be subject to limitation, see subsection 20(4). (2) Every person has the right to enjoy human rights without discrimination. (3) Every person is equal before the law and is entitled to the equal protection of the law without discrimination. (4) Every person has the right to equal and effective protection against discrimination. (5) Measures taken for the purpose of aHuman Rights introduced text
44 Right to education (1) Every child has the right to have access to free primary and secondary education without discrimination. Note: For the application of this right in relation to people with disability, see article 24 of the Convention on the Rights of Persons with Disabilities. (2) Every person has the right to have access, based on the person’s abilities, to further vocational education and training that is equally accessible to all. Note: In determining whether a limit on this right is aimed at achieving a legitimate objective (see paragraph 20(2)(b)), the objective of promotingHuman Rights introduced text
11 Application of this Act (1) Subject to subsection (2), any law, whether passed or made before, on or after the commencing day of this Act, that is inconsistent with this Act does not, to the extent of the inconsistency, have any force or effect. (2) Subsection (1) does not apply in relation to a Commonwealth, State or Territory law if an Act expressly declares that law operates notwithstanding this Act.Human Rights introduced text
12 Interpretation of legislation (1) Notwithstanding anything in any other law relating to the construction or interpretation of legislation, in the interpretation of: (a) a provision of a Commonwealth enactment; or (b) a provision of a State enactment; or (c) a provision of a Territory enactment; a construction of the provision that would result in the enactment not being inconsistent with a Human Right, or that would further the objects of this Act, will be preferred to any other construction. (2) Without limiting the generality of subsection (1), in the interpretation of: (a) an ActHuman Rights introduced text
16 Complaints and redress for infringement of rights or freedoms (1) A written complaint may be lodged with the Commission, alleging that an act or practice infringes a Human Right. (2) After a complaint is lodged with the Commission, a complainant, a respondent, an affected person or the Commission may apply for an interim injunction to the Federal Court or the Federal Circuit Court. The Courts may grant an interim injunction to maintain the status quo or maintain the rights of any complainant, respondent or affected person. (3) Except as provided by this Part, Part IIB of the Australian HHuman Rights introduced text
(1) A written complaint may be lodged with the Commission, alleging that an act or practice infringes a Human Right. (2) After a complaint is lodged with the Commission, a complainant, a respondent, an affected person or the Commission may apply for an interim injunction to the Federal Court or the Federal Circuit Court. The Courts may grant an interim injunction to maintain the status quo or maintain the rights of any complainant, respondent or affected person. (3) Except as provided by this Part, Part IIB of the Australian Human Rights Commission Act 1986 applies in relation to a complaintHuman Rights introduced text
11 Application of this Act (1) Subject to subsection (2), any law, whether passed or made before, on or after the commencing day of this Act, that is inconsistent with this Act does not, to the extent of the inconsistency, have any force or effect. (2) Subsection (1) does not apply in relation to a Commonwealth, State or Territory law if an Act expressly declares that law operates notwithstanding this Act. (3) A declaration made under subsection (2) ceases to have effect 2 years after it comes into force or on such earlier date as may be specified in the declaration. (4) The Parliament ofHuman Rights introduced text
Context
For years, Australia had no single national framework covering the full range of human rights or providing a consistent remedy for breaches. After Andrew Wilkie MP’s earlier 2017 and 2019 bills and the Parliamentary Joint Committee on Human Rights’ 2024 finding that a rights-based legal framework was needed, his private member’s bill was introduced on 25 May 2026 to establish a national Human Rights Act and complaint pathway.
Andrew Wilkie first tables a bill of rights
Andrew Wilkie MP introduced an earlier bill of rights after community responses were described as overwhelmingly positive, but it did not proceed.
Hansard ↗Andrew Wilkie tables a second bill of rights
A second attempt received much the same response from the government and opposition and did not establish a national framework.
Hansard ↗Parliamentary committee recommends a national Human Rights Act
The Parliamentary Joint Committee on Human Rights’ report into Australia’s Human Rights Framework acknowledged a clear need for a rights-based legal framework and recommended legislation establishing an Australian human rights act.
Hansard ↗Andrew Wilkie introduces the Human Rights Bill 2026
Andrew Wilkie MP introduced the private member’s bill in the House of Representatives to create a national Human Rights Act with a pathway for complaints to the Australian Human Rights CommissionThe national agency that investigates and promotes human rights..
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Key criticism
The evidence pack does not contain a speech setting out arguments against the bill. Andrew Wilkie (Independent) said the government and opposition had resisted his earlier proposals in 2017 and 2019, but he did not explain their objections.
The only other recorded speaker, Helen Haines (Independent), supported the bill. She said similar laws had not produced a flood of court cases or unfairly restricted parliaments and governments.
Further sources
Votes
No recorded votes have been found yet for this bill.
Parliamentary debate
Start here — lead voices
Wilkie urges parliament to pass the bill, arguing Australia needs a consistent national framework to protect human rights because existing international commitments and state-based protections are inadequate and uneven.
Read in Hansard ↗Helen Haines strongly supports the bill, arguing that Australia needs a national legal framework to protect fundamental rights and ensure legislation and public authorities act consistently with them.
Read in Hansard ↗All speeches by bloc
2 speakers · 2 support
“It seems clear that the international agreements and obligations Australia has committed to, which one would think would provide protection to Australians, are routinely ignored. That's why I urge all members in this place to support this bill, because it is the only way to protect the rights of Australians under a single, strong and reliable framework.”Read the full speech in Hansard ↗
“I second the motion. It's an absolute pleasure to rise in support of the Human Rights Bill 2026, moved by the member for Clark, who has been a stalwart in this space for so long. I know this is a longstanding interest of his, and I absolutely applaud his commitment to bringing legislation before the parliament again, and I back him all the way.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
