4. Discrimination law reform
4.4 A roadmap to implement reforms to federal discrimination law
Some of the 38 proposals from the
Commission’s first Position Paper, Free & Equal:
a reform agenda for federal discrimination laws
(2021) were implemented in whole or in part in
the legislative responses to the Respect@Work
report in 2022.
A number of the reform proposals also intersect
with recommendations of the Disability Royal
Commission (in September 2023).
• outstanding reforms that should be
undertaken immediately (referred to as
stage 1 reforms) as priority actions that fix
longstanding problems in the operation of
federal discrimination law
• a series of more ambitious and substantive
reforms (referred to as stage 2 reforms) to
be undertaken over a longer-term timeframe
• reforms that have now been implemented
in whole.
To assist with implementation, the Commission
developed the roadmap for reform in Table 6
below, which identifies:
Table 6: A staged approach to federal discrimination law reform
Reform proposal
Proposed reform
(as identified in
the Commission’s
Position Paper)
Relevant
recommendation
of Disability Royal
Commission
Stage 1: Outstanding reforms that should be undertaken immediately
Amending secrecy provisions
5
NB: AGD is currently conducting a Review of Secrecy
Provisions20 due to report to the Australian Government in 2023.
Costs
16
NB: AGD conducted a Review into an appropriate cost model
for Commonwealth anti-discrimination laws21 in response to
recommendation 25 of the Respect@Work report.
Protection of volunteers and interns
24
NB: Volunteers and interns were provided with protection
against sexual harassment through changes to the Sex
Discrimination Act in September 2021: Sex Discrimination
and Fair Work (Respect at Work) Amendment Act 2021 (Cth)
(First Respect@Work Act). This was done through applying
the protections against sexual harassment to ‘workers’ and
applying the prohibitions to ‘persons conducting a business
or undertaking’ (PCBUs). These changes should also apply
to sex discrimination and be rolled out to each of the other
Discrimination Acts.
Protections for family and carer responsibilities extended to:
25
• indirect as well as direct discrimination
• all areas of public life, not just in the area of work.
Introduction of religious discrimination protections
26
Change to meaning of reasonable adjustment under
Disability Discrimination Act
31
4.25 and 4.26; also
4.32 re unjustifiable
hardship
Table continued over
FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights
91