December 2021 Modernising the regulatory framework UK academics have applied Braithwaite’s model in the context of regulating equal opportunity.33 At the pyramid’s base is persuasion, including education, training and monitoring. At the next level is developing a voluntary action plan to promote ‘best practice’. This escalates to equality commission investigation. If the organisation does not comply with the commission’s investigation or it is unwilling to give suitable undertakings, the equality commission can issue a compliance notice. This directs the organisation to refrain from taking certain actions or making changes to ensure compliance, such as preparing an action plan. The organisation can appeal the issue of this notice. At the upper levels are judicial enforcement and then sanctions. Withdrawal of government contracts or licences sits at the pyramid’s apex.34 Figure 3.2: UK Equality law – regulatory pyramid 7) Lo ss co 6) 5) 4) 3) 2) 1) A) Pe lun rsu on mm tio n yP asi Co nc lan Inf orm of ac t tio n lE lia iga tar nc icia mp est Vo Sa Jud Co Inv ntr nfo eN rce oti me nt ce C) Business ati on ps iss ion B) est er Int ou Gr Source: Bob Hepple, Mary Coussey and Tufyal Choudhury, Equality: A New Framework: Report of the Independent Review of the Enforcement of UK Anti-Discrimination Legislation (Hart Publishing, 2000) 59 98 FREE AND EQUAL An Australian Conversation on Human Rights