A reform agenda for federal discrimination laws December 2021 2.2 Why reform to federal discrimination law is needed As we outline in this Paper, the need for reform is pressing. The limitations that exist in the legislative scheme as it stands mean that: • protections are less accessible than they should be, meaning that people who experience discrimination are not being fully protected • the business sector is not being supported as well as it should be to take steps to prevent discrimination, or to have confidence that they will be supported when they confront discrimination head on • addressing discrimination is heavily reliant on individuals bringing complaints, rather than more systemic approaches to building a culture of prevention. Reform of discrimination law in Australia needs consideration on several levels: • to address known deficiencies in the operation of existing provisions • to be simpler, and easier to understand • to provide better support to the business community, so that businesses have the confidence to take actions to prevent or address discrimination • to re-balance the legislative scheme so that it is less heavily reliant on individuals needing to take remedial action when discrimination has occurred. In the Discussion Paper on federal discrimination law reform, the Commission set out the key reasons why reform is necessary. These were broadly endorsed in consultations, with further clarifications added in below. FREE AND EQUAL An Australian Conversation on Human Rights 21