Australian Industry Group welcomed the opportunity to respond to the NSW Law Reform Commission's Consultation Paper 25, Review of the Anti-Discrimination Act 1977 (NSW): Procedures and compliance.

It is Australian Industry Group's submission that any reform of the ADA must operate coherently with existing Commonwealth discrimination, workplace relations and WHS frameworks. Our principal concern is that the cumulative architecture contemplated in this consultation paper may create overlapping duties, regulatory functions, proceedings and penalties without a demonstrated need.

Australian Industry Group accordingly opposes a further NSW positive duty, broad complaint-initiation and investigation powers, general direct access to NCAT, a general statutory restriction on confidentiality clauses, a general civil penalty regime, asymmetrical costs in NCAT and unrestricted remedial powers. Australian Industry Group supports simpler legislation, clear and nationally coherent obligations, early and fair complaint resolution, employer self-assessment of special measures, a voluntary and streamlined exemption pathway, and practical compliance guidance.