December 2021 A reform agenda for federal discrimination laws Figure 1.3: Why reform of discrimination laws is necessary The mix of discrimination laws is complex and similar concepts operate differently across the laws. There are gaps in protection: eg religious discrimination. Known problems with discrimination law have not been fixed. There is an unnecessary level of difference and complexity between federal, state and territory laws. There is limited judicial guidance on the meaning of key concepts in discrimination law. Some court decisions have limited the scope of certain provisions in the federal Discrimination Acts (eg, Sklavos v Australasian College of Dermatologists and Maloney v The Queen). Additional protections are necessary given the increased use of artificial decision-making processes. 22 Some people are not protected by discrimination laws. Exemptions to the operation of discrimination law that were introduced on a temporary basis have not been reviewed to consider whether they should continue or be narrowed. Some grounds of discrimination do not provide for an enforceable remedy. Discrimination laws do not provide sufficient clarity or certainty for business (such as through certifying that positive discrimination practices are lawful). Court processes are not sufficiently accessible for people who have experienced discrimination due to issues of cost, formality, proof and standing. The existing regulatory framework has not reduced the experience of discrimination by some groups, and needs strengthening. FREE AND EQUAL An Australian Conversation on Human Rights