Can a theoretical consideration of Australia's anti-discrimination laws inform law reform?

Abstract

Anti-discrimination law in Australia is at a crossroads. After four decades of proliferation of legislatio to regulate discrimination, national attention has turned from increasing regulation to legislative consolidation and reform. This article contributes a theoretical analysis to the reform debate. Two liberal theoretical justifications for prohibiting discrimination, harm and redistributive justice, are considered. This investication assists to determine when the state should intervene in order to restrict discrimination, and whether state and territory anti-discrimination regimes have a legitimate continuing role in Australia's legislative landscape.