Modernising the regulatory framework December 2021 The Commission’s proposed reforms in this area reflect the concept of ‘responsive regulation’. This envisages that different tools are required to achieve compliance with the law, depending on the willingness and capacity of individuals and organisations. It envisages capacity building for circumstances where there is an inability to comply, and more coercive powers for circumstances where there is an unwillingness to comply with discrimination legislation.7 The Commission concludes that its effectiveness as a regulatory agency can be enhanced by shifting from the current reliance solely on conciliation and persuasion, to a broader suite of regulatory approaches, including co-regulatory powers and inquiry powers. This mix of powers would assist in building greater predictability and confidence in the operation of federal discrimination law, as well as greater understanding and awareness of rights and duties. Confidence and certainty are two foundational expectations of business and industry that the Commission has factored into its proposals to modernise the regulatory framework. The Commission considers that there are several measures that can be introduced to assist people and organisations to better understand their responsibilities under the law and to provide increased certainty to them when seeking to comply. FREE AND EQUAL An Australian Conversation on Human Rights 93