Reform 11: The AHRC Act should be amended to provide the Commission with a power to issue special measures certifications, which are judicially reviewable and time limited. (ii) Pillar 2: Modernising the regulatory framework Major Reform 1: Building a preventative culture Major Reform 4: Improving the practical operation of laws Reform 12: A review of the Disability Standards be conducted to assess their effectiveness in addressing unlawful discrimination and accountability mechanisms for their implementation. Major Reform 2: Modernising the regulatory framework Reform 13: Consideration be given to introducing new Disability Standards in relation to employment and digital communication technology. Major Reform 3: Enhancing access to justice Reform 14: The Commission be empowered to conduct own-motion inquiries into systemic instances of discrimination. Recommended actions under Pillar 2 are: Reform 5: A review of the secrecy provisions under the AHRC Act should be conducted to determine whether secrecy provisions with criminal sanctions are warranted. Reform 6: The Commission and academic partners should receive resourcing to provide publicly available information and analysis about trends in complaints on a periodic basis. Reform 7: Guidance should be developed on the appropriate usage of non-disclosure agreements and confidentiality provisions in discrimination matters. Reform 8: Funding be provided to the Commission on an ongoing basis for the specific purpose of developing guidance materials. Reform 9: The capacity to develop and lodge action should be expanded as a measure available across all federal discrimination laws. Reform 10: The Commission should be given the powers to conduct voluntary audits of policies or programs of a person or body, to assess compliance with federal discrimination laws. 84 Reform 15: Consideration be given to attaching Model provisions of the Regulatory Powers (Standard Provisions) Act to compliance notices as an enforcement tool. The powers of the Commission in unlawful discrimination matters are almost entirely based on persuasion, reliant on education and awareness raising and, where disputes arise, alternative dispute resolution. It is difficult to think of any other area of law in the federal arena where a regulatory agency operates solely on the basis of such limited powers. This is not an effective regulatory model. The current federal discrimination law regime lacks key elements to build a preventative culture to address discrimination and to ensure accountability. The investigation and conciliation process, which sits at the core of Australia’s anti‑discrimination framework, can be an empowering process for complainants and can be very effective at achieving both individual and systemic outcomes. FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights