This report traces the long and unfinished journey from Whitlam’s first Human Rights Bill in 1973 and examines how successive governments have tried and failed to deliver a Human Rights Act. Australia remains the only democratic country in the world without a constitutionally enshrined or legislated national bill or charter of rights. 

Since the 1970s when Gough Whitlam initially sought to reignite Australia’s recognition of human rights, successive Labor governments including the Whitlam, Hawke and Rudd Governments have attempted but failed to pass a federal Human Rights Act or similar legislation. This report examines whether these failed attempts have any common themes or experiences between them.

As it stands, human rights in Australia are not protected by any single robust mechanism, but instead protections come from a scattering of federal legislative provisions, the common law and select state-based legislation to create a patchwork approach that has been criticised both domestically and internationally for its inadequacy and failures. 

The report highlights the significant opportunity the Australian Government has to now establish an Australian Human Rights Act, take a practical step in repairing Australia’s broken system of rights protections, and ensure human rights remain at the forefront of government decision making for decades to come. Substantial reform to Australia’s human rights framework remains essential to the realisation, protection and promotion of fundamental rights and freedoms at the national level.