The extension of new protections and the new arrangements applying to employers and those providing goods and services or otherwise interacting with individuals within society, must be balanced against the costs to individuals, businesses and the economy.
In the case of consolidating Commonwealth anti-discrimination law, the Bill proposes a significant increase in the level of protection afforded to individuals and some significant additional costs to business.
The reverse onus of proof is already problematic in the Fair Work Act 2009 and is likely to be problematic in this new area of law.
The new arrangements will have the effect of shifting the balance in favour of applicants and to the detriment of those defending themselves against claims.
The arrangements would introduce a high degree of uncertainty, with the associated costs that this would entail.