Did you know that Australia has no national human rights framework? Australia has been a signatory to the Universal Declaration of Human Rights since 1948, but this has never been adopted into Australian law.

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There are state and territory-based human rights charters in Queensland, Victoria and the ACT, with legislation introduced in NSW in October 2025. However, these do not bind our federal government and are not necessarily very effective in enforcing human rights. Governments remain able to have the final say without oversight on whether a law or decision will infringe on a person or group’s human rights.

The national campaign for a Human Rights Act is well underway, and the ANMF has signed onto this campaign as a supporter. So, what would a national Human Rights Act look like, and how would it operate?

History of the campaign

There have been several attempts to launch a Human Rights Act in previous decades, the most recent of which occurred during the Rudd government. The concept of enshrining human rights on a national level appears inherently good, but the campaign has historically failed due to a lack of political will. After all, a large part of a Human Rights Act would be to require governments to consider human rights when making laws and decisions.

What will a Human Rights Act do?

Put simply, a Human Rights Act would do three core things:

1. Hold our governments accountable.
2. Consolidate and promote our national values of equality and non-discrimination.
3. Align our laws with our international obligations and provide legal clarity.

In doing these three things, a Human Rights Act would allow everyone in Australia to look to a set of rights that encapsulates our values and provides an understanding of what people can and cannot do, consistent with a rights-based framework.

Given the federal government makes laws and decisions in relation to key areas like immigration, childcare, aged care, welfare, taxation, and some aspects of health and housing, it is important they are bound by a human rights framework. A Human Rights Act would make sure the government considers our human rights and acts without breaching them. Key examples where a human rights framework would have impacted and potentially prevented poor decision-making include the Robodebt crisis or the use of indefinite immigration detention.  

Finally, a Human Rights Act would enable the enforcement of our rights by the courts and prosecutions when they are breached. Individuals or groups would have a clear framework by which they can assess whether their rights have been breached and strong enforcement mechanisms to ensure those breaches do not continue.

How will a Human Rights Act impact ANMF members and patients?

Several particularly relevant human rights that would feature in a national Human Rights Act include:

• The right to health: this right would ensure everyone has access to safe and affordable healthcare. It also ensures the underlying determinants of health including environment and work facilitate a person’s good health. This right in particular would have huge impacts for our members and patients across the health system, ensuring healthcare is delivered in a safe environment and at a high quality by appropriately qualified people.
• The right to an adequate standard of living: this right would guide housing policy to ensure it is available and affordable, particularly for public and social housing. It would also impact welfare policy to ensure that our society’s most vulnerable are able to have dignity in their lives.
• The right to privacy: in an increasingly digitised world, this right would ensure everyone has their privacy and data protected.
• The right to education: this right operates to ensure education is readily accessible and affordable for everyone.
• The right to freedom of association: this right enshrines the right for you as our members to be part of a trade union.
• The right to work: this right ensures that everyone is able to meaningfully gain a living from employment and enjoy favourable conditions at work. Clearly, this is core business for the ANMF!

The arguments for a national Human Rights Act are resounding, and the ANMF is advocating for it to be added to the Albanese government’s legislative agenda.

If you are interested in learning more about the campaign for a national Human Rights Act, you can visit the website here and sign up: www.humanrightsact.org.au