4. Discrimination law reform Reform proposal Proposed reform (as identified in the Commission’s Position Paper) Relevant recommendation of Disability Royal Commission Completed actions Guidance on use of non-disclosure agreements 7 NB: In December 2022, the Respect@Work Council published Guidelines on the Use of Confidentiality Clauses in the Resolution of Workplace Sexual Harassment Complaints22 in response to recommendation 38 of the Respect@Work report. Own motion inquiry into systemic unlawful discrimination 14 NB: Div 4B of Part II of the Australian Human Rights Commission Act (ss 35L–35Q) now gives the Commission the function of inquiring into any matter that may relate to systemic unlawful discrimination. Representative actions 20 NB: New ss 46POA and 46POB were inserted into the Australian Human Rights Commission Act in December 2022 by the Second Respect@Work Act. These provisions permit a representative application to be made to a federal court alleging unlawful discrimination. Timeframe for lodging complaints 21 NB: Section 46PH(1)(b) of the Australian Human Rights Commission Act was amended in December 2022 by the Second Respect@Work Act to standardise the discretionary termination ground and provide that any complaint of unlawful discrimination may be terminated if lodged more than 24 months after the alleged conduct occurred. Victimisation 33 NB: The ability to bring civil proceedings alleging victimisation was confirmed through both First Respect@Work Act (in relation to the Sex Discrimination Act) and the Second Respect@Work Act (in relation to the other federal discrimination laws). Confirming capacity to bring intersectional discrimination complaints 35 Review of impact of federal discrimination reforms (5 years after implemented) 38 4.29, 4.30 re offensive behaviour and vilification 4.33 and 4.34 to include references to CRPD in objects clause and interpretive provision of the Disability Discrimination Act FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights 93