Chapter 3: Modernising the regulatory framework Contents December 2021 Chapter 3 1 Federal discrimination law – an outdated regulatory framework 91 2 Responsive regulation 96 2.1 The concept of responsive regulation 96 2.2 The Commission, federal discrimination law and responsive regulation 99 3 Persuasion and capacity building– level one of the regulatory pyramid 103 3.1 Alternative dispute resolution 103 3.2 Information about outcomes of complaints 105 (a) 106 Secrecy constraints (b) Confidentiality and information about outcomes 107 (c) 109 Non-disclosure agreements (d) Information through court decisions (e) 111 Research partnerships on outcomes of discrimination complaints, at conciliation and through court processes 3.3 Guidelines 3.4 Summary – improving the effectiveness of regulatory functions at level one of the regulatory pyramid 4 Expanded co-regulatory mechanisms – level two 111 115 117 119 4.1 Action plans 120 4.2 Voluntary audits 124 4.3 Codes of practice 125 4.4 Certification of ‘special measures’ 127 FREE AND EQUAL An Australian Conversation on Human Rights 5