This bill is currently before Parliament.
Law, justice & rights
The bill would add the United Nations Declaration on the Rights of Indigenous PeoplesThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them., known as UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them., to the definition of human rights in the Human Rights (Parliamentary Scrutiny) Act 2011The Commonwealth law that requires statements of compatibility for bills and some legislative instruments and sets up the Parliamentary Joint Committee on Human Rights scrutiny process..
Senator Lidia Thorpe introduced the bill to make UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them. part of the federal parliamentary human-rights scrutiny framework. The explanatory memorandum says Australia endorsed UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them. in 2009 but has not implemented it into the development of law, policy and practice. It argues that adding UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them. to the Human Rights (Parliamentary Scrutiny) Act would make First Peoples’ rights visible earlier when bills, legislative instruments and existing Acts are assessed, while still leaving wider domestic implementation of UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them. for future reform.
The bill sits in a long-running debate about how Australia should give practical effect to UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them.. The collected sources show a sequence from Australia’s 2009 endorsement, through expert and committee calls for stronger implementation, to Senator Thorpe’s narrower proposal to add UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them. to the existing parliamentary scrutiny process. Government speakers said they supported UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them. principles but wanted more time to consider the 2023 parliamentary inquiry report and work with First Nations people on implementation.
The main criticism in the collected debate was not opposition to UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them. itself. Labor speakers said the government supported UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them. principles but was still considering the 2023 parliamentary inquiry report and did not want to make a significant change to the Parliamentary Joint Committee on Human RightsA committee of federal parliamentarians that examines bills, legislative instruments and other matters for compatibility with human rights. at that time.
Senator Lidia Thorpe introduced this bill. Support so far has come from Greens, Australia's Voice, some crossbench members; opposition has come from Labor, Liberal Party, Nationals, One Nation, some crossbench members.
Did it become law?
Not yet
Final passage
Recorded vote so far
1 recorded vote on the bill was found earlier in passage, but the final chamber agreement was not a counted division.
Days since introduction
924 days
Updated 10 June 2026.
Meaning
The bill would add the United Nations Declaration on the Rights of Indigenous PeoplesThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them., known as UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them., to the definition of human rights in the Human Rights (Parliamentary Scrutiny) Act 2011The Commonwealth law that requires statements of compatibility for bills and some legislative instruments and sets up the Parliamentary Joint Committee on Human Rights scrutiny process..
The legal change is a short amendment to section 3 of that Act. It would list UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them. as an eighth human-rights instrument alongside the seven international human-rights treaties already used by the parliamentary scrutiny process.
The explanatory memorandum says this would let the Parliamentary Joint Committee on Human RightsA committee of federal parliamentarians that examines bills, legislative instruments and other matters for compatibility with human rights. consider UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them. when it examines bills, legislative instruments, existing Acts and other matters.
In practice, the bill is aimed at making early law-making scrutiny ask whether proposed Commonwealth laws respect First Peoples’ rights, including issues such as free, prior and informed consentA UNDRIP principle that affected Indigenous peoples should be properly informed and able to give or withhold consent before decisions affecting their rights are made. where a community or language group is affected.
The explanatory memorandum says the bill would not, by itself, fully implement UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them. in Australian law or replace an action plan, consistency work across Commonwealth laws, or other steps to protect UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them. rights.
If passed, the whole Act would start on the day after Royal AssentThe final formal approval a bill needs before it becomes an Act.. At collection time the bill was still before the Senate and had not become an Act.
This Bill makes one substantive amendment to the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) to include rights and freedoms outlined in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in the definition of human rights in Section 3.Human Rights (Parliamentary Scrutiny) Amendment (Consideration of UNDRIP) explanatory memorandum
Subsection 3(1) (after paragraph (g) of the definition of human rights) Insert: ; (h) the Declaration on the Rights of Indigenous Peoples adopted by the General Assembly of the United Nations as General Assembly Resolution 61/295 on 13 September 2007.Human Rights (Parliamentary Scrutiny) Amendment (Consideration of UNDRIP) introduced bill text
The practical impact of this bill is that the Parliamentary Joint Committee on Human Rights (PJCHR) may, in the course of the committee’s examination of bills, legislative instruments, Acts and other inquiries, consider and report on the rights and freedoms outlined in an eighth international instrument, the UNDRIP.Human Rights (Parliamentary Scrutiny) Amendment (Consideration of UNDRIP) explanatory memorandum
Consequently, a Bill for an Act introduced into a House of Parliament may be scrutinised by the PJCHR for its compliance with the UNDRIP which may include, for example, how free, prior and informed consent has been sought from First Peoples, in accordance with the customary laws and practices of each community or language group impacted.Human Rights (Parliamentary Scrutiny) Amendment (Consideration of UNDRIP) explanatory memorandum
Passing this Bill is not a substitution for: enshrining the UNDRIP and its principles into domestic legislation; and taking measures to ensure consistency between Commonwealth laws and the Declaration; and preparing and implementing an action plan to achieve the objectives of the Declaration; and any other necessary steps to protect the rights and freedoms outlined in the UNDRIP.Human Rights (Parliamentary Scrutiny) Amendment (Consideration of UNDRIP) explanatory memorandum
The whole of this Act The day after this Act receives the Royal Assent.Human Rights (Parliamentary Scrutiny) Amendment (Consideration of UNDRIP) introduced bill text
Context
The bill sits in a long-running debate about how Australia should give practical effect to UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them.. The collected sources show a sequence from Australia’s 2009 endorsement, through expert and committee calls for stronger implementation, to Senator Thorpe’s narrower proposal to add UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them. to the existing parliamentary scrutiny process. Government speakers said they supported UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them. principles but wanted more time to consider the 2023 parliamentary inquiry report and work with First Nations people on implementation.
UN adopts Indigenous rights declaration
UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them. was adopted by the United Nations General Assembly as Resolution 61/295, becoming the declaration the bill would add to Australia’s parliamentary scrutiny framework.
Introduced bill text ↗Australia endorses UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them.
The explanatory memorandum and Senate debate say Australia endorsed or signed up to UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them. in 2009, but supporters argued later law-making still did not properly apply it.
Explanatory memorandum and Senate debate ↗UN rapporteur recommends stronger implementation
The explanatory memorandum says the UN Special Rapporteur on the Rights of Indigenous Peoples recommended this kind of amendment after visiting Australia and also recommended enshrining UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them. in domestic law.
Explanatory memorandum ↗Human Rights Commission backs the change
The explanatory memorandum cites the Australian Human Rights Commission’s Free and Equal report as one source calling for UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them. to be included in the scrutiny framework.
Explanatory memorandum ↗Parliamentary UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them. report is released
Government speakers said the Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs released its report on UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them. in Australia the day before the bill was introduced.
Senate debate ↗Thorpe introduces scrutiny bill
Senator Thorpe introduced a narrower bill to let the Parliamentary Joint Committee on Human RightsA committee of federal parliamentarians that examines bills, legislative instruments and other matters for compatibility with human rights. consider UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them. when scrutinising Commonwealth law.
Parliament of Australia ↗Senate rejects second readingThe parliamentary stage where senators or members debate and vote on a bill’s main purpose and principles.
The Senate divided on whether the bill should be read a second time and defeated the motion by 24 votes to 15, while APH later recorded the bill as restored to the Notice PaperThe official list of business that may be considered by a parliamentary chamber..
Senate division ↗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 readingThe parliamentary stage where senators or members debate and vote on a bill’s main purpose and principles., opening the main debate on the bill's purpose and principles.
Second readingThe parliamentary stage where senators or members debate and vote on a bill’s main purpose and principles. moved
Senators debated whether the bill should continue past its second readingThe parliamentary stage where senators or members debate and vote on a bill’s main purpose and principles., including speeches from Senator Thorpe, Greens senators and government senators.
Second readingThe parliamentary stage where senators or members debate and vote on a bill’s main purpose and principles. debate
The Senate voted against reading the bill a second time. The recorded division was 15 ayes and 24 noes.
Second readingThe parliamentary stage where senators or members debate and vote on a bill’s main purpose and principles. negatived
APH records the bill as restored to the Senate Notice PaperThe official list of business that may be considered by a parliamentary chamber., meaning it was again listed as Senate business.
Key criticism
The main criticism in the collected debate was not opposition to UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them. itself. Labor speakers said the government supported UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them. principles but was still considering the 2023 parliamentary inquiry report and did not want to make a significant change to the Parliamentary Joint Committee on Human RightsA committee of federal parliamentarians that examines bills, legislative instruments and other matters for compatibility with human rights. at that time.
Senator Thorpe, the Greens and other crossbench senators voted for the second readingThe parliamentary stage where senators or members debate and vote on a bill’s main purpose and principles.. Labor, Coalition, One Nation and Senator Rennick were recorded on the no side, but the local debate corpus gives detailed reasons only from Labor government speakers.
Government wanted more time
Government speakers said they supported UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them. principles but were still working through the 2023 parliamentary inquiry report and wanted implementation to be developed with meaningful engagement with First Nations people.
Concern about changing the rights committee
Senator Murray Watt said the bill would make a significant change to the Parliamentary Joint Committee on Human RightsA committee of federal parliamentarians that examines bills, legislative instruments and other matters for compatibility with human rights. and that changes to the committee’s role needed careful consideration.
Government said practical work was already underway
Labor speakers argued the government was already giving practical effect to UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them. through Closing the Gap, partnership structures, economic programs, housing, health and other First Nations policy work.
Further sources
Votes
These were the main recorded votes on the bill.
Defeated 15 to 24. Support came from Greens, Australia's Voice, and minor parties and independents. Opposition came from Labor, Liberal Party, Nationals, One Nation, and minor parties and independents.
These are votes on the bill itself rather than amendment votes.
Parliamentary debate
Start here — lead voices
Senator Watt said the government supported UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them. principles but was not prepared to agree to the bill at that time.
Read in Hansard ↗Senator Cox supported the bill, saying federal laws should be measured against UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them. and that Closing the Gap failures, child removal, incarceration, cultural heritage and free, prior and informed consentA UNDRIP principle that affected Indigenous peoples should be properly informed and able to give or withhold consent before decisions affecting their rights are made. showed why stronger rights scrutiny was needed.
Read in Hansard ↗Senator Thorpe supported the bill and framed it as a modest, practical change that would let the Parliamentary Joint Committee on Human RightsA committee of federal parliamentarians that examines bills, legislative instruments and other matters for compatibility with human rights. consider UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them. when scrutinising legislation.
Read in Hansard ↗Senator Darmanin said the government supported UNDRIPThe United Nations Declaration on the Rights of Indigenous Peoples. It sets international standards for the rights of Indigenous peoples, including self-determination, culture, land and participation in decisions affecting them. principles and was embedding them through Closing the Gap and other programs.
Read in Hansard ↗All speeches by bloc
3 speakers · 1 oppose · 2 mixed
“We cannot make decisions about how to implement the UNDRIP in Australia without meaningful engagement and conversation with First Nations people.”Read the full speech in Hansard ↗
“It is worth noting that the government is considering the findings of the inquiry, and we've been working through those findings.”Read the full speech in Hansard ↗
“The government is not in a position to agree to this significant change at this time.”Read the full speech in Hansard ↗
1 speaker · 1 support
“I agree with the point of expanding the human rights definition in the Human Rights (Parliamentary Scrutiny) Act 2011 to include UNDRIP.”Read the full speech in Hansard ↗
1 speaker · 1 support
“Today I come with an even more modest proposal for the human rights committee to just be able to consider the rights in UNDRIP when scrutinising legislation.”Read the full speech in Hansard ↗
Record
Senate · 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.
Senate · Second reading moved
Second readingThe parliamentary stage where senators or members debate and vote on a bill’s main purpose and principles. opened
A minister or sponsoring member moved the second readingThe parliamentary stage where senators or members debate and vote on a bill’s main purpose and principles., opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second readingThe parliamentary stage where senators or members debate and vote on a bill’s main purpose and principles. debated
Senators debated whether the bill should continue past its second readingThe parliamentary stage where senators or members debate and vote on a bill’s main purpose and principles., including speeches from Senator Thorpe, Greens senators and government senators.
Senate · Second reading negatived
Second readingThe parliamentary stage where senators or members debate and vote on a bill’s main purpose and principles. defeated
The Senate voted against reading the bill a second time. The recorded division was 15 ayes and 24 noes.
Senate · Restored to Notice Paper
Restored to Notice PaperThe official list of business that may be considered by a parliamentary chamber.
APH records the bill as restored to the Senate Notice PaperThe official list of business that may be considered by a parliamentary chamber., meaning it was again listed as Senate business.
