4. Discrimination law reform However, the compliance framework that operates alongside this is extremely limited. Individual complainants, and the alternative dispute resolution (ADR) process, should not bear the bulk of responsibility for ensuring compliance with discrimination laws. The Regulatory Powers Act commenced on 1 October 2014, but only has effect where Commonwealth Acts are drafted or amended to trigger its provisions. As the Attorney‑General’s Department explained: Implementation of the Regulatory Powers Act supports the government's regulatory reform agenda, as it simplifies and streamlines Commonwealth regulatory powers across the statute book.13 As Associate Professor Belinda Smith observed: Anti-discrimination legislation is designed to protect disempowered groups – those who traditionally experience marginalisation and exclusion. Expecting members of such groups to have the time, security and resources to pursue legal action in order to gain compensation and possibly bring about wider change represents a fundamental regulatory weakness.10 The Commission’s ADR powers have remained largely as they were at the establishment of the first iteration of the Commission in 1981. However, the Commission’s additional powers which were established in 1986 and which revolved around a hearing and determination function were reduced in 2000, in response to the High Court’s decision in Brandy v Human Rights and Equal Opportunity Commission.11 At the same time, other regulatory agencies have had their frameworks modernised, with a broader suite of regulatory powers and options to aid compliance and address non-compliance. In 2014, the Australian Government introduced the Regulatory Powers Act to provide ‘a framework of standard regulatory powers exercised by agencies across the Commonwealth’. Regulatory powers are the suite of different tools used by government agencies to ensure individuals and industry comply with legislative requirements. The key features of the Regulatory Powers Act include monitoring and investigation powers as well as enforcement provisions, through the use of civil penalty provisions, infringement notices, enforceable undertakings and injunctions.12 The range of powers included in the Regulatory Powers Act are: • monitoring powers, which can be used to monitor compliance with provisions of an Act and to monitor whether information given to the Commonwealth is correct (Part 2) • investigation powers, which can be used to gather material that relates to the contravention of an offence or civil penalty provision (Part 3) • the power to apply to a court for civil penalty orders and injunctions (Parts 4 and 7) • the power to issue infringement notices (Part 5) • the power to accept and seek enforcement of undertakings relating to compliance with legislative provisions (Part 6).14 The Explanatory Memorandum noted it was expected that, over time, ‘existing regulatory regimes will be reviewed and, if appropriate, amended to instead trigger the relevant provisions of the Regulatory Powers Bill’.15 Provisions in existing legislation would be replaced with references to the standard provisions as appropriate – some legislative schemes would wholly adopt these standard provisions, and some would adopt some of the provisions while maintaining their own unique provisions as appropriate. In the period since 2014, there has been no consideration as to whether federal discrimination law should be amended by adding new regulatory provisions covered in the Regulatory Powers Act. FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights 85