This position paper sets out the Australian Human Rights Commission’s proposals for reforming federal discrimination law in Australia. It forms part of the Commission’s Free and Equal project: A National conversation on human rights.

One of the key findings of the Commission’s work is that the existing system of federal discrimination law is primarily geared towards the remedial aspects of the obligations to respect and protect, and even with this as its main focus, it falls short of realising effective remediation for discrimination.

There are gaps in the protection offered by these laws, as well as significant questions as to how accessible the discrimination law system is – particularly for marginalised or disadvantaged groups. This suggests that federal discrimination law could be more effective in meeting these obligations to respect and protect rights.