On 23 May 2014, Attorney-General George Brandis published the terms of reference for an inquiry to be undertaken by the Australian Law Reform Commission, identifying laws that limit rights and freedoms of the individual and proposing reforms to them where appropriate. One of the areas of focus is workplace relations laws, in particular laws reversing the onus of proof, such as those in the Fair Work Act 2009 (Cth) obliging an employer to prove it did not take adverse action against an employee. 

The Commission will invite submissions from business and take these into account in formulating its recommendations to Government. An interim report is due in December of this year, with the final report due to be published in December 2015.

Andrew Berriman