REFORM
1
Technical fixes
to operation of
discrimination
law (36)
REFORM
4
Positive duty (1)
after 12 months,
enforcement
mechanisms
attached to
positive duty
(3)(4)
Clarification and
simplification of
discrimination
laws (30)–(35)
Periodic review of
exemptions (29)
Removal of ILO
jurisdiction (28)
Review of
effectiveness
of reforms
after 5 years
(38)
Data and
research on
outcomes of complaints for
education purposes (5)(6)
Increased
focus on
guidelines (8)
REFORM
2
Consider new
DDA standard
on technology
(13)
REFORM
3
Modernising the
regulatory
framework
Enhancing access
to justice
Level 3: Education and outreach
Guidance on
evidentiary
burden (18)
Legislative
amendment to
clarify costs,
evidentiary
burden
(16)(17)(19)
New regulatory
powers to enforce
positive duty
and conduct
inquiries
(14)(15)
Review of
effectiveness of
DDA standards (12)
Guidance on NDAs
and confidentiality
(7)
New action plan
requirements,
voluntary audits
and special
measure
certificates
(9)(10)(11)
Capacity for
representative
claims at courts
(20)
Timeframes for
complaints (21)
Consideration of
intermediate adjudicative
process (22)(23)
Level 2: Enforcement mechanism and legislative reform
Amendments to ensure
Commission
compliance with Paris
Principles (37)
Improved coverage
of laws (24)(25)
New protected
attributes – religion
and irrelevant criminal
record (26)(27)
Co-regulatory tools
to build awareness;
voluntary audits and
guidance materials
(3)(4)
Education and
business outreach
providing clear,
accessible guidance
on positive
duty (2)
Figure 9: Four integrated sets of reforms to improve the effectiveness of federal discrimination laws
Building a
preventative
culture
Improving the
practical operation
of laws
Level 1: Co-regulatory tools
FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights
80