Andrew Wilkie (Clark, Independent) Share this | Hansard source

I move:

That this bill be now read a second time.

It's appalling that Australia is the only liberal democracy in the world without some sort of comprehensive national guarantee of human rights, whether this is through a human rights act or a constitutional charter of rights. This needs to be remedied, and that's what this bill would do.

I first tabled a bill of rights in this place in 2017, and the response from the community was overwhelmingly positive.

Some people couldn't believe we didn't already have a bill of rights. Others knew that it was about time to introduce one.

But the government, and the opposition, baulked at the bill back then, as they often do when a good idea comes from the crossbench. So I tried again in 2019 but received much of the same response. Well, it's now 2026 and I think most Australians would agree that it's way beyond time to get this done.

Heavens it's not like we don't know what's needed. In fact since I last stood in this place to introduce my bill of rights, we've had the Australian Human Rights Commission release their discussion paper, Free &equal: Revitalising Australia's commitment to human rights, which outlines a model and a way forward.

Australia's human rights framework was also considered by the Parliamentary Joint Committee on Human Rights, which recommended in their 2024 report that the government 're-establish and significantly improve Australia's Human Rights Framework' which should include 'the establishment of a Human Rights Act'.

They even provided an example bill, based on the Human Rights Commission's framework, which I've relied heavily on in drafting this bill.

Sadly, this committee report is yet another which has sat in the government's too hard basket, yet to receive a formal response, let alone any legislative action. It's not like this is excusable because everything is chugging along fine in Australia.

For instance refugee and migrant rights are under constant attack in this country, with unlawful indefinite detention and offshore processing remaining in place for asylum seekers; this government introducing laws to strip asylum seekers of due process; the opposition wanting to strip benefits from temporary residents; and temporary workers such as those from the Pacific often facing exploitation and abuse.

Australians' freedom of expression and assembly have also been increasingly threatened by aggressive antiprotest laws and poorly designed hate speech laws. At the same time, racism and discrimination are on the rise.

Moreover, the rights of children are under threat from drives towards increasingly punitive state laws which seek to impose adult penalties on minors.

The federal government still hasn't properly implemented the recommendations of the robodebt royal commission, and the Commonwealth Ombudsman recently found the mutual obligations system is being used to inflict 'high percentages' of incorrect decisions and 'potentially catastrophic penalties' on welfare recipients, with minimal oversight or consequences for those responsible.

And, of course, First Nations people face ongoing systemic racism, targeted violence and discrimination. Indeed, only four of 19 national Closing the Gap targets were on track most recently, while outcomes are worsening for adult incarceration, children in care, suicide and childhood development.

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.

In other words, we need a consistent, national approach. Yes, the state-based models which exist in the ACT, in Victoria and in Queensland have helped to improve the situation in those jurisdictions, but it's beyond time we had a federal human rights act that will enshrine the rights and freedoms of all Australians, regardless of where they live—an act that protects and promotes inalienable human rights, such as the right to health care, the right to housing, the right to education, the right to a healthy environment, and the right to equal treatment within society for all.

The Human Rights Bill I've introduced today spells out, in plain terms, the rights and freedoms that every Australian is entitled to. It makes clear the high standards we, as a community, should expect of ourselves and of our institutions. It requires that core Australian values of fairness, respect, dignity and compassion must be put at the centre of every decision the parliament takes, and at the heart of the decisions and policies governments pursue.

This bill would give domestic effect to a number of international agreements to which Australia is a signatory, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child and the Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment.

In essence the bill would render invalid any Commonwealth, state or territory law that is inconsistent with the human rights detailed in the act, to the extent of that inconsistency. It would also specify that Commonwealth, state and territory laws should be interpreted so as to be consistent with the federal human rights act. Moreover, the bill allows for the Australian Human Rights Commission to inquire into any act or practice done by the Commonwealth or a state or territory government that may infringe on a right or freedom in the federal human rights act. It also allows for people to make complaints to the commission if they believe that an act or practice infringes a right or freedom outlined in the act.

So there you have it. In closing, I call on the major parties to drop their stubborn opposition to a human rights act, and I urge all members to back this bill, because it's time we woke up, because we cannot keep accepting second-rate protections which lag behind the rest of the world, or protections that only apply from time to time like some hebdomadal ritual. Frankly, Australians deserve better, and this parliament should deliver it.

I invite the member for Indi, who is seconding my bill, to make a contribution in my remaining time.

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