Reform proposal Proposed reform (as identified in the Commission’s Position Paper) Relevant recommendation of Disability Royal Commission 1–4 4.26–4.28 Stage 2: Longer-term reforms Introduce positive duty across all protected attributes in federal discrimination laws NB: Positive duty introduced into the Sex Discrimination Act for sexual harassment and related grounds in December 2022 by the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth). Review to be conducted in 2026. Supporting trend analysis of discrimination complaints 6 Supporting better guidance materials and information about complaints outcomes 8 Revamped processes for Disability Discrimination Act action plans, and expansion of use of these across all discrimination laws. 9–13 7.3, 7.6 and 7.10 re Education Standards New powers for the Commission to conduct voluntary audits and special measures certifications. Review of Disability Standards and potential development of new standards. New regulatory powers, including compliance notices, enforceable undertakings, civil penalties and injunctive powers 15 Reform to the processes for evidencing discrimination 17–19 Consideration of introducing an intermediate adjudicative process 21–23 Irrelevant criminal record is included as unlawful discrimination ground; ILO complaint jurisdiction is consequently repealed 27–28 4.23 Regular review of all permanent exemptions in federal discrimination law 29 4.31 (migration) and further discussed at page 329, Volume 4 Final Report Removal of comparator test for proving discrimination 30 4.23 Amend test for indirect discrimination 32 4.24 Clarify meaning of special measures in Racial Discrimination Act 34 Notification obligations: Amend s 46PF(7)(c) AHRC Act to remove the obligation to notify individuals who are the subject of adverse allegations but who are not named respondents. 36 Amend Australian Human Rights Commission Act to address Paris Principles: 37 • include a definition of ‘human rights’ that includes all of Australia’s international human rights obligations • refer to Paris Principles in objects • regular re-baselining of Commission’s funding. Table continued over  92 FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights