Modernising the regulatory framework (d) December 2021 Information through court decisions Since amendments to the Commission’s jurisdiction in 2000, the information about complaint outcomes is provided in a generalised way by the Commission and through the few matters that are determined in court. But, as Associate Professors Dominique Allen and Alysia Blackham observe, court decisions do not provide ‘a complete picture’. Strong cases frequently settle, possibly even more often in equality law than other areas of law because respondents fear the reputational damage they might incur if they defend a claim. Conversely, weak, spurious and vexatious claims often reach a hearing, which paints a distorted picture of the prevalence of discrimination and how it is affecting people. The orders made by courts are often not in keeping with what the parties are able to negotiate at settlement, both in terms of quantum and the prevalence of systemic remedies. Thus, it is difficult to state with any certainty that the claims before courts reflect what is happening in the community, and that the remedies awarded by courts are the most suitable ways of addressing discrimination or adequately measuring the harm caused.81 Allen and Blackham therefore conclude that court decisions are not a suitable source of information if seeking to assess the prevalence of discrimination or how discrimination complaints are resolved.82 A better source is conciliation and settlement data, ‘as this more accurately depicts the actual claims that are made and resolved’.83 In Chapter 4, Section 6, the Commission recommends that serious consideration be given to reintroducing an intermediate adjudicative process into the federal discrimination law system. If accepted, this might provide an additional avenue for public information about complaints. (e) Research partnerships on outcomes of discrimination complaints, at conciliation and through court processes The Commission considers that there is a need for better information about the outcome of discrimination complaints at both the conciliation and court stages of the process. This should be addressed through the conduct of research, such as through Australian Research Council linkage grants and / or formal reviews. (i) Remedies at the court stage of the process The Commission recommends that a review be conducted into the awards of monetary compensation and other remedies in discrimination matters as part of the assessment of the effectiveness of discrimination law to meet international obligations. The Commission welcomes the Government’s agreement to commission this research.84 The review should consider how to classify and calculate compensation and how such compensation intersects or interacts with awards of damages in common law personal injury or workers compensation matters.85 FREE AND EQUAL An Australian Conversation on Human Rights 111