In addition, the Commission was assisted by
a number of expert readers, in providing final
review reading of both Position Papers.23 The
Commission acknowledges the considerable
contribution made by them and expresses
gratitude to them for voluntarily providing
their time and expertise.
Since March 2023, the Commission has
also convened briefings with organisations
nationally to provide a detailed overview of
the Commission’s model Human Rights Act,
federal discrimination law reform proposals
and recommended National Human Rights
Framework.
The reform proposals in this paper are outlined
in chapter 4 below. They have been updated to
reflect developments since the paper’s release
in December 2021, such as reforms to the Sex
Discrimination Act 1984 in response to the
Commission’s Respect@Work report (2020).
The purpose of these engagements was
to inform the community sector of the
Commission’s proposals so that they were
able to engage on them during the inquiry
into Australia’s Human Rights Framework
by the Parliamentary Joint Committee on
Human Rights.
The Commission acknowledges the
contribution of all those who participated
throughout the Free & Equal Inquiry process.
It is invaluable to the work of the Commission
and greatly enriches the reform process.
We record our deep appreciation to all
stakeholders for this contribution.
(c) Outputs
The outcomes of the Free & Equal project have
been released in 7 documents:
• two Position Papers on key reform priorities
– Free & Equal: a reform agenda for federal
discrimination laws (2021) and Free & Equal:
A Human Rights Act for Australia (2023)
• a report to the United Nations Human Rights
Council for Australia’s 3rd Universal Periodic
Review (2021)
• two submissions to the Parliamentary Joint
Committee on Human Rights (2023)
• this Final Report
• the Commission has also prepared a
Summary Report to provide a short
accessible version of this Final Report.
28
The first Position Paper was released in
December 2021: Free & Equal: A reform
agenda for federal discrimination laws.24 It
set out a reform agenda to modernise the set
of 4 federal discrimination laws, including by
remedying deficiencies in the current laws,
by placing a greater focus on prevention of
discrimination and by introducing co-regulatory
approaches that enable governments and
businesses in particular to be better equipped
to prevent and/or deal with discrimination.
The second Position Paper was released in
March 2023: Free & Equal: A Human Rights
Act for Australia.25 It sets out the Commission’s
case for the introduction of a federal Human
Rights Act in Australia, and provides an outline
of the Commission’s proposed model and
related improvements to the human rights
parliamentary scrutiny regime. This is discussed
in chapters 3 and 5 of the report.
In 2021, the Commission contributed to
Australia’s 3rd Universal Periodic Review, the
peer-review dialogue undertaken by the
United National Human Rights Council and
all 192 Member States of the UN.26 We lodged
an independent report (in our capacity as
Australia’s national human rights institution).
The Commission then contributed 2 submissions
to the Parliamentary Joint Committee on
Human Rights for its inquiry into Australia’s
Human Rights Framework.27 These submissions
enabled the Commission to ‘road-test’ the
reform proposals included in this Final Report.
This Final Report brings together the various
streams of all the Commission’s work in
advocating a reimagined Human Rights
Framework for Australia and a roadmap of law
reform for the next decade.
FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights