Chapter 5: Improving the practical operation of laws Contents December 2021 Chapter 5 1 The compelling case for immediate reform 251 2 Coverage of the Acts 252 2.1 Ensuring discrimination law protects everyone in the 21st century (a) ‘world of work’ 252 Protection for unpaid workers 252 (b) State government employees 255 (c) 256 Carer/family responsibilities 2.2 ILO 111 Discrimination as unlawful discrimination 258 (a) 258 Scope (b) Human Rights and Anti-Discrimination Bill 2012 260 (c) 261 The right to freedom of thought, conscience and religion (d) Irrelevant criminal record 262 (e) 268 Existing ILO grounds that are adequately covered 2.3 Other suggested protected attributes 270 (a) 270 Subjection to domestic or family violence (b) Open-textured category? 3 Review all permanent exemptions under discrimination law 271 272 3.1 The need for a comprehensive review 272 3.2 Support for a review 273 3.3 General exception? 275 3.4 Particular permanent exceptions warranting particular scrutiny 276 (a) 276 Insurance policies (b) Religious exemptions 277 (c) 278 Domestic work FREE AND EQUAL An Australian Conversation on Human Rights 9