A reform agenda for federal discrimination laws 73 December 2021 Australian Government, Attorney-General’s Department, Religious Discrimination Bills: Second Exposure Draft, cl 5, definition of ‘employment’; Australian Human Rights Commission, Submission to the AttorneyGeneral’s Department, Religious Freedom Bills (27 September 2019), 14 [46-51]; Australian Human Rights Commission, Submission to the Attorney-General’s Department, Religious Freedom Bills: second exposure draft (31 January 2020), rec 1. 74 Eg, in the recommendation for a Religious Freedom Commissioner, which was not supported: Religious Freedom Review, 100–101. See also, Australian Human Rights Commission, Submission to the Attorney-General’s Department, Religious Freedom Bills (27 September 2019), [172-180]; Australian Human Rights Commission, Submission to the Attorney-General’s Department, Religious Freedom Bills: second exposure draft (31 January 2020), rec 11. 75 Australian Government, A Roadmap for Respect: Preventing and Addressing Sexual Harassment in Australian Workplaces (8 April 2021) 12–15; Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 (Cth) and Sex Discrimination Amendment (Prohibiting All Sexual Harassment) Bill (Cth) 2021. 76 Australian Chamber of Commerce and Industry, Submission 153, Free & Equal Inquiry, 1. 77 Australian Industry Group, Submission 167, Free & Equal Inquiry, 3. 78 Australian Chamber of Commerce and Industry, Submission 153, Free & Equal Inquiry, 2. 79 Ian Ayres and John Braithwaite, Responsive Regulation: Transcending the Deregulation Debate (OUP 19192). See also, John Braithwaite, ‘Essence of Responsive Regulation’ (2011) 44 UBC Law Review 475. There are other relevant regulatory theories that can inform proposals for discrimination law in Australia. For example, ‘reflexive regulation’ promotes enforceable self-regulation through a positive duty, consultation, enabling and enforcement: see Belinda Smith, Melanie Shleiger and Liam Elphick, ‘Preventing Sexual Harassment in Work: Exploring the Promise of Work Health and Safety Laws’ (2020) 32(2) Australian Journal of Labour Law 219. 80 Bob Hepple, Mary Coussey and Tufyal Choudhury, Equality: A New Framework – The Final Report of the Independent Review of the Enforcement of UK Anti-Discrimination Legislation. (Oxford: Hart Publishing, 2000) ; Australian Chamber of Commerce and Industry, Submission 153, Free & Equal Inquiry, 1. 81 Dominique Allen, ‘Barking and Biting: The Equal Opportunity Commission as an Enforcement Agency’ (2016) 44(2) Federal Law Review 311, 312, 313. 82 Dominique Allen, ‘Barking and Biting: The Equal Opportunity Commission as an Enforcement Agency’ (2016) 44(2) Federal Law Review 311, 312. 83 Australian Chamber of Commerce and Industry, Submission 153, Free & Equal Inquiry, 2. 84 Brandy v HREOC (1995) 183 CLR 245. 85 Human Rights Legislation Amendment Act (No 1) 1999 (Cth). 86 Beth Gaze, ‘The costs of equal opportunity’ (2000) 25(3) Alternative Law Journal 125. FREE AND EQUAL An Australian Conversation on Human Rights 51