A reform agenda for federal discrimination laws December 2021 Very significantly, the capacity to allege breaches under the Fair Work Act is not limited to victims. Independent of any individual who may seek to invoke the prohibitions in the Fair Work Act, the Fair Work Ombudsman has inspection and enforcement powers.31 The Fair Work Ombudsman is able to inquire into possible breaches on the Ombudsman’s own motion. The remedies available in the federal courts also extend beyond merely reinstatement or financial compensation, to include penalty orders, which are punitive in nature, and systemic remedies, such as requirements for organisational training.32 Civil penalty provisions, and compensatory remedies and reinstatement can be awarded to the victim, meaning that the Fair Work Act brings to discrimination claims the host of enforcement machinery that is available for other employment claims, such as underpayment of wages.33 There are also some crossovers in protection in the federal discrimination laws with the Work Health and Safety Act 2011 (Cth). Work health and safety laws impose a positive duty to ensure health and safety, which extends to preventing discrimination and harassment. Australia’s work health and safety laws are based on the model Work Health and Safety Act, model Work Health and Safety Regulations and model Codes of Practice (model WHS laws) in all states and territories, except in Victoria and Western Australia, which have their own WHS schemes. Under the model WHS laws, a ‘person conducting a business or undertaking’ has a primary duty of care to ensure, so far as is reasonably practicable, the physical and psychological health and safety of workers and those affected by the work.34 It has been recognised that sexual harassment is a workplace risk that can endanger the health and safety of workers. The result of this legislative history at the Commonwealth and state and territory levels is that there are now four different discrimination laws and the AHRC Act at the Commonwealth level; eight discrimination laws at state and territory level; and the Fair Work Act 2009 (Cth) and work health and safety laws, such as the Work Health and Safety Act. As Professor Beth Gaze and Associate Professor Belinda Smith observe, Although the laws have many similarities, they differ significantly in detail. This proliferation of laws creates complexity that is a challenge for any organisation or business that has to comply with the laws in more than one jurisdiction.35 The challenge created by this proliferation of laws has been a repeated theme when reform of discrimination laws has been considered. FREE AND EQUAL An Australian Conversation on Human Rights 31