Reforms proposed by the Commission that have been implemented already include: • producing guidance on the appropriate use of non-disclosure agreements (Reform 7) • providing the Commission with the function of conducting systemic inquiries into unlawful discrimination (Reform 14) • permitting representative bodies to make applications to federal courts alleging unlawful discrimination against a group or class of people that they represent (Reform 20) • standardising the timeframe for lodging complaints with the Commission (Reform 21) • confirming that allegations of victimisation can be brought to the Court as civil proceedings if they cannot be resolved through conciliation (Reform 33) • confirming that the selection process for Commissioners must be merit based and involve public advertising (Reform 37). Of the remainder of the recommendations for discrimination law reform, the Commission identifies an initial tranche of reforms that could be implemented relatively easily while maintaining the existing structure of federal discrimination laws. These – referred to as stage 1 reforms – are amendments to extend existing protections for vulnerable groups, to protect other important attributes, to address anomalies created by case law and to make important technical amendments. The Commission anticipates that these changes could be implemented in the short term – within 12 months or the end of 2024. These reforms are: • Extend existing protections for vulnerable groups as follows: – Extend the new protections for volunteers and interns against sexual harassment introduced in response to Respect@Work, so that they are also protected against sex discrimination and other kinds of discrimination (Reform 24). 94 – Extend the existing protection in the Sex Discrimination Act against discrimination on the ground of family and carer responsibilities, so that the protection is not limited to direct discrimination in the workplace (Reform 25). • Protect other important attributes: – Introduce enforceable protections against discrimination on the ground of religious belief or activity that are equivalent to other discrimination law protections (Reform 26). • Address problematic case law: – Clarify that the meaning of ‘special measures’ in the Racial Discrimination Act is to be interpreted in a way that is consistent with international law, to overcome the findings in Maloney v The Queen23 (Reform 34). – Introduce a ‘standalone’ requirement in the Disability Discrimination Act to provide reasonable adjustments (unless it would cause unjustifiable hardship) in order to avoid the problem created by Sklavos v Australasian College of Dermatologists24 that a person claiming that reasonable adjustments were not provided must also establish that they were not provided because the person has a disability (Reform 31). • Introduce important technical fixes: – Include a definition of ‘human rights’ in the Australian Human Rights Commission Act that includes all of Australia’s international human rights obligations (Reform 37). – Include a reference in the objects of the Australian Human Rights Commission Act to the Principles Relating to the Status of National Human Rights Institutions (the ‘Paris Principles’)25 (Reform 37). – Introduce a fairer costs model for discrimination law cases in federal courts – this is the subject of a current review being conducted by the Attorney‑General’s Department (Reform 16). FREE & EQUAL: Revitalising Australia’s Commitment to Human Rights