4. Discrimination law reform The Commission’s proposals are practical, building on past reform exercises and lessons learned. We propose that reforms be staged. (i) Pillar 1: Building a preventative culture The first stage of reforms is urgently needed to address existing, known problems with the operation of federal discrimination laws. These reforms can be implemented immediately and are well overdue. Additional process based reforms, such as by embedding a periodic review of exemptions to ensure they remain appropriate at all times, should also commence. Major Reform 1: Building a preventative culture Major Reform 4: Improving the practical operation of laws A second stage of reforms proposes measures that are transformational, moving beyond the limitations of the existing model. These are focused on modernising the regulatory framework by: • turning it into a more proactively focused system that is less disputes-focused and encourages business confidence and innovative business practice • introducing more effective enforcement mechanisms to address systemic issues or persistent non-compliance with the law. These reforms should be accompanied by significant outreach to stakeholders, including through educative and engagement measures. As set out in this paper, some measures should be given time for familiarity to develop and for the adaption of policies before legal consequences flow. This can be achieved by some measures coming into effect 12 months after they are enacted. Ultimately, the Commission considers that for the system of anti-discrimination protections to be truly effective, it must shift to focus more on prevention, with measures that will assist duty-holders to prevent discrimination from occurring in the first place. Above all, reform should be seen as a shared endeavour, in which individuals, businesses, organisations and governments each actively contribute to, and are assisted in reaching, positive outcomes. Major Reform 2: Modernising the regulatory framework Major Reform 3: Enhancing access to justice Recommended actions under Pillar 1 are: Reform 1: A positive duty to eliminate discrimination should be introduced across all federal discrimination laws. Reform 2: Education and outreach on the positive duty must be developed to provide clear and accessible guidance on the duty. Reform 3: The positive duty should be staged by providing a 12-month introduction period before it comes into legal effect. Reform 4: There should be a focus on co‑regulatory functions, in the introductory phase of the positive duty in addition to enforcement mechanisms. The first of 4 major reforms proposed by the Commission seeks to refocus federal discrimination laws so to encourage, and indeed expect, action to prevent discrimination from occurring in the first place. The Commission proposes that existing protections against discrimination in each of the federal discrimination laws be complemented by the inclusion of a positive duty to take reasonable and proportionate measures to eliminate unlawful discrimination, along with harassment and victimisation. FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights 81