A reform agenda for federal discrimination laws December 2021 The Commission considers that discrimination laws, as a major component of human rights protection in Australia, should be reformed so that they better contribute to a reduction of discrimination in society and the greater realisation of equality on an ongoing basis. 3.4 Previous considerations of reform There have been several processes to review and/or reform federal discrimination laws in the past. These reviews have occurred in relation to the operation of specific federal discrimination laws, the Commission’s structure and powers, and also to consider consolidation of the federal discrimination laws together and their harmonisation with state and territory laws. Many of these processes have resulted in findings about the need for reform but have not been accompanied by subsequent legislative reform. The Sex Discrimination Act was reviewed in 1992 and 2008 by parliamentary committees, and by the Australian Law Reform Commission in 1994.47 The Disability Discrimination Act was reviewed by the Productivity Commission in 2004.48 The goal of national harmonisation was on the agenda of the Standing Committee of AttorneysGeneral in 2008: Ministers agreed that interested jurisdictions would examine options for harmonising Commonwealth, State and Territory anti-discrimination laws, and that a working group would be established to develop options for Ministers’ consideration.49 This was abandoned as too difficult by the Council of Attorneys-General in 2009–10.50 In 2011–2013 an attempt to consolidate federal discrimination laws was undertaken as a key action under the Australian Human Rights Framework. This was conducted jointly by the Attorney-General’s Department and the Department of Finance and Deregulation. After a Discussion Paper and lengthy consultation process, an Exposure Draft of a Human Rights and AntiDiscrimination Bill (HRAD Bill) was released in 2012 for comment. The project was undertaken explicitly as a means to reduce complexity and inconsistency in regulation,51 to produce ‘a clearer and simpler antidiscrimination law for consumers, employers and the general public’.52 The aim of the Bill was to constitute a single consolidated Commonwealth anti-discrimination law, replacing the Age Discrimination Act, the Disability Discrimination Act, the Racial Discrimination Act, the Sex Discrimination Act and the AHRC Act. The Bill effected a number of reforms to Commonwealth antidiscrimination law, including implementing many recommendations of the 2008 inquiry of the Senate Standing Committee on Legal and Constitutional Affairs into the Sex Discrimination Act 1984.53 The Exposure Draft was considered by the Senate Legal and Constitutional Affairs Committee.54 The Committee received 3,464 submissions and form letters,55 and recommended some changes. The Committee report on the Bill acknowledged that ‘[a]nti-discrimination law is a key mechanism for promoting equality and protecting vulnerable or marginalised groups in Australia, and the parliament must do its utmost to ensure that the law in this area is fair and balanced’.56 FREE AND EQUAL An Australian Conversation on Human Rights 35