South Australia has long prided itself on being a progressive state. But when it comes to human rights, we are falling behind – and a dedicated Human Rights Act is needed to get us back on track.
The Social Development Committee’s 49th Report into the potential for a Human Rights Act makes it clear: the time for debate is over. The time for action is now.
As Guardian for Children and Young People, I see every day the stark reality behind the absence of consolidated human rights protections. While we have numerous legislative instruments intended to protect rights, spanning from the Equal Opportunity Act to the Children and Young People (Safety) Act, they operate in silos. They provide partial and inconsistent protections, often failing to guide the everyday decisions that shape people’s lives. This is especially true for children in care, in detention, or experiencing vulnerability.
The Committee’s report, released in April 2025, powerfully affirms what many in the community have been saying for years. It recommends the South Australian Government:
- Consolidate the various rights scattered across legislation into a single, comprehensive Human Rights Act;
- Transition the Equal Opportunity Commission into a Human Rights Commission; and
- Undertake a thorough public consultation on the model to be adopted.
These are not radical proposals, they are necessary, overdue steps to bring South Australia into line with other states and international human rights standards.
In my submission to the Committee, I highlighted the everyday consequences of failing to treat children as rights holders. Children in care are routinely excluded from decisions about their own lives, such as where they live, who they can see, or whether they can attend school safely.
Children in youth justice/detention are subjected to isolation and hostile and invasive interactions with adults, often with no legal remedy or accountability.
These are not abstract policy issues, they are breaches of fundamental rights.
As I said in evidence to the Committee:
“There is a consistent and alarming lack of responsiveness in South Australia towards protecting, respecting, and fulfilling the human rights of children and young people in care and detention.”
The report strongly echoes this concern, citing examples of rights breaches against children and young people.
It supports our call for a consolidated legislative framework that:
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- Treats children as rights holders, not passive recipients of services;
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- Elevates Article 12 of the UN Convention on the Rights of the Child, the right to participate in decisions affecting you, from rhetoric to reality;
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- Closes gaps in oversight, such as our state’s failure to fully implement obligations under the Optional Protocol to the Convention Against Torture (OPCAT).
A Human Rights Act offers a powerful mechanism to shift culture, from one of minimum compliance to one of active respect, protection, and fulfilment.
It would not only guide decision-makers to get it right, but ensure there are transparent and fair ways to challenge choices when they get it wrong.
Importantly, the model recommended by the Committee is not about transferring power away from Parliament.
It is a ‘dialogue model’ that ensures human rights are considered at the point of legislation, during its implementation, and when decisions are made by public authorities.
It promotes informed and accountable lawmaking. It’s a model that is working in Victoria, the ACT, and Queensland. It is time South Australia caught up.
For children and young people, a Human Rights Act would mean:
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- Better safeguards in care and detention,
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- Clear rights to be heard and to challenge decisions,
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- Stronger government accountability, and
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- Greater opportunity to thrive, not just survive.
As South Australians, we often say we value fairness, dignity, and equality.
A Human Rights Act is the legislative embodiment of those values. So, we can make our rights real… not just aspirational.
We have the blueprint. We have the evidence. We have the public support.
Now we need the political courage to act.
Read a copy of our joint-media release on this issue here.
