For decades, former premier Bob Carr opposed these laws. Now he has changed his mind

Former NSW Labor premier Bob Carr says he has softened his decades-long objection to a human rights act and has told his state colleagues that he would not oppose the introduction of legislation as the Minns government confirmed for the first time that it was considering a civil liberties bill.

NSW Attorney-General Michael Daley told parliament on Wednesday that the government was “open to considering the issue and working constructively” with the Greens after the party’s Newtown MP Jenny Leong introduced a private member’s bill to establish a human rights act.

Former NSW premier Bob Carr at the Sydney Summit in February.Credit: Flavio Brancaleone

Carr, who has long been one of the country’s most vocal opponents to a human rights act on the basis that it could be undemocratic and have unintended consequences, said he was now open-minded, a move which will have significant influence on the Labor Party.

A human rights act would require parliament to consider how laws affect human rights and elected officials would need to comply with civil liberties rights when developing policy. Courts would also have the ability to assess whether laws are compatible with human rights standards.

Australia does not have a national human rights act, but state-based acts exist in the ACT (2004), Victoria (2006) and Queensland (2019). Each act covers human rights drawn from international conventions, including the right to life, a fair trial, freedom of expression and religion.

Leong said the “NSW government cannot be trusted when it comes to protecting and promoting human rights for people in our state – which is why it is time for the parliament to act”.

Newtown MP Jenny Leong introduced a private member’s bill to establish a human rights act.Credit: Anna Kucera

“From decimating our right to protest to extending hate speech protections for only a select few and ramming through bail laws that disproportionately impact First Nations kids, the NSW government is playing fast and loose with our human rights,” Leong said.

As one of the strongest voices in the country opposed to such a bill, Carr’s shifted stance will influence MPs and the government.

“I would not oppose a state-based act and given the challenge for civil liberties, it justifies us considering one,” Carr said.

His change in thinking had been shaped by a “pile-up of national security legislation” which could give “police and security agencies a range of powers that could allow for abuse”.

Carr said it was reasonable to “give courts a bit more power up against the executive arm of power”.

Daley said his government does not have any “principled objection to the promotion” of human rights but said many existing statutes already have built-in protections.

He said any such legislation should not “result in arduous bureaucratic processes that pull very vital and important public resources away from the ventures that advance interests of the people of NSW in real terms”.

“What we wouldn’t want to do is simply lift something in from another state.”

In 1999, the upper house standing committee on law and justice held an inquiry into a bill of rights. Carr, as premier, did not adopt any of its recommendations.

Start the day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.