The first Position Paper was released in December 2021: Free & Equal: A reform agenda for federal discrimination laws. It set out a reform agenda to modernise our 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 approaches5 that enable governments and businesses in particular to be better equipped to prevent and/ or deal with discrimination. But addressing discrimination alone is not enough to ensure that people’s human rights are protected. This second Position Paper sets out reforms to improve the protection of human rights in Australia, designed to complement protections against discrimination and dealing with issues that discrimination laws are not capable of addressing. A positive framing of human rights through a Human Rights Act is needed to ensure cohesive protections are in place in Australia, and it would complement the existing discrimination law framework. It sets out the Commission’s case for the introduction of a federal Human Rights Act in Australia; and an outline of the Commission’s proposed model. Indeed, for many years, some have asserted that alternative ways of protecting human rights render a Human Rights Act unnecessary in Australia – but we have not seen a noticeable improvement in the protection of human rights in Australia over the past generation. These alternative measures to a Human Rights Act have had more than enough time to show if they can ensure that there is always a fulsome consideration of human rights in the way we design, implement and talk about laws and policies. 34 The Commission’s model has been tested through consultations with Free & Equal stakeholders. It draws on comparative international models, international instruments and the recommendations of previous inquiries, including the 2009 Report of the National Human Rights Consultation Committee, chaired by Fr Frank Brennan SJ.6 Domestic human rights legislation in the ACT, Victoria and Queensland has also provided important guidance and lessons as to how a Human Rights Act could operate federally.7 The experience of COVID-19 has tested their particular design and suggested where improvements could be made. The Commission’s model takes into account this experience, Australia’s constitutional and federal structure, Australia’s international obligations, Australian values and our legal system. 1.4 Outcomes – the value of human rights All human beings are born free and equal in dignity and rights – Article 1, Universal Declaration of Human Rights Australian society prides itself on being built on values that underpin human rights. We believe that everyone should be treated fairly and equally. We value a free, open and just society, one that enables us to make our own decisions about how we live and express ourselves, individually and in association with others.8 We are opposed to cruelty and the abuse of power. Australia is a strong democracy with a robust electoral and parliamentary system, an independent judiciary and respect for the rule of law. For this reason, many people perceive that their human rights are legally protected when in fact they are not.