There are a number of key problems. First, addressing discrimination is heavily reliant on individuals to bring complaints, rather than on more systemic approaches to building cultures of prevention within businesses, services and the institutions of public life. The focus should shift to preventing discrimination, rather than reacting to it after the fact. Secondly, the regulatory framework is out of date and needs strengthening. There should be a full range of regulatory responses available to target discrimination of different kinds, at different levels of severity, and to engender understanding and certainty about legal obligations. Federal discrimination laws do not provide adequate support to the business sector to take proactive efforts to address potential discrimination. Thirdly, the discrimination system, while offering a range of options, can be difficult to navigate, and legal remedies are difficult to access, with the result that many meritorious claims may not be pursued in the courts. Individuals need the tools to obtain access to justice. Finally, the mix of discrimination laws is complex and sometimes inconsistent, which leads to difficulties in applying the law. There are 4 federal discrimination laws, a discrimination law in each state and territory and overlapping regimes such as under the Fair Work Act. The limitations that exist in the legislative scheme as it stands mean that: • protections are less accessible than they should be, therefore people who experience discrimination are not being fully protected • the business sector is not being supported as well as it should be to take steps to prevent discrimination, or to have confidence that it will be supported when it confronts discrimination head on • addressing discrimination is heavily reliant on individuals bringing complaints, which means that the true extent of discrimination in the community is not reflected in the operation of the legislation • there is limited incentive for proactive measures to be taken that will create a climate that prevents discrimination from occurring in the first place. Fourthly, there are gaps in protection, so some people are not protected at all by discrimination laws, or are unable to obtain access to a remedy for discriminatory conduct. This includes discrimination on the basis of religion and irrelevant criminal record. 78 FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights