Modernising the regulatory framework
December 2021
The Commission considers that its effectiveness as a regulatory agency should be enhanced by shifting
from the reliance on conciliation and persuasion.
The Commission here identifies a range of mechanisms to broaden the regulatory framework for federal
discrimination law so that it operates more effectively across the different levels of a regulatory pyramid.
This includes through enhanced ability to provide de-identified public information about the outcomes
of conciliations and dedicated resourcing to develop a wider range of guidance materials to support
industry (at level 1 of the regulatory pyramid), as well as new powers:
•
at level two of the pyramid – through the introduction of measures that involve the voluntary
participation of organisations and duty-holders under the discrimination laws
•
at level three – through inquiry and enforcement powers for the Commission.
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