The so-called reversal of the onus of proof is the biggest focus of scrutiny on the proposed Federal Government reform of anti-discrimination law.
The proposal, released by the Federal Government for public comment on Tuesday, would see the consolidation of five anti-discrimination laws into one.
It would define discrimination as “unfavourable treatment” with the single defence of justification.
Also the burden of proof would shift to the respondent once a prima facie case has been established.
The Opposition has raised its concerns over the reversal of the burden of proof and said the proposal could see a “huge” increase in claims in court.