Modernising the regulatory framework December 2021 The Commission will further consider methods for engaging with key stakeholders on a periodic basis to identify emerging issues on which guidance materials would be most valued. Dedicated funding for undertaking this function should be built into the budget of the Commission on an ongoing basis. The Commission also notes that guidance materials are a foundation upon which other regulatory functions would rely. In particular, the next section of this chapter discusses demand from the business sector for targeted engagement through voluntary audits and other advisory support. Guidance materials provide generalised materials that can clarify the general application of the law. Other regulatory functions such as voluntary audits then provide a tool through which the Commission can provide more specific and tailored analysis on steps that particular businesses or sectors could take to ensure compliance with federal discrimination laws. Guidelines will also be of particular importance in supporting implementation of the proposed positive duty to take measures to eliminate discrimination (as set out in Chapter 2, section 2.1). 3.4 Summary – improving the effectiveness of regulatory functions at level one of the regulatory pyramid To improve the effectiveness of regulation: • Consideration be given to review of s 49 of the AHRC Act to determine whether secrecy provisions with criminal sanctions are warranted, or whether s 49 should be amended to clarify that disclosing information of a de-identified nature for educative purposes does not breach the secrecy obligations in discrimination law. • Dedicated resourcing be provided to the Commission, as well as to academic partners, to provide publicly available information and analysis on a periodic basis about trends in complaints. • Guidance be developed on the appropriate usage of non-disclosure agreements and confidentiality provisions in discrimination matters. The preparation of such guidance has been committed to by the government in relation to sexual harassment complaints. This guidance should be the pilot for further guidance across all other protected attributes in federal discrimination law. The Commission will further consider methods for engaging with key stakeholders on a periodic basis to identify emerging issues on which guidance materials would be most valued. Dedicated funding for undertaking this preparation of guidelines function should be built into the budget of the Commission on an ongoing basis, particularly given that it is foundational in supporting the successful rollout of other regulatory options identified in this paper. FREE AND EQUAL An Australian Conversation on Human Rights 117