PROPOSED changes to federal anti-discrimination legislation skew the process to favour the person making the complaint, the conservative thinktank the Institute of Public Affairs (IPA) says.
IPA director of legal rights Simon Breheny said these changes undermined fundamental legal rights including the presumption of innocence.
"The entire complaints process has been skewed towards the person making an allegation of discrimination, and fails to respect the rights of defendants," he said in a statement.
"The Gillard government's decision to reverse the onus of proof in this case shows the willingness of this government to ignore basic legal rights."
Attorney General Nicola Roxon on Tuesday released draft legislation to create a single piece of legislation consolidating five existing statutes covering age, disability, race, sex and other forms of discrimination.
The most controversial change relates to the onus of proof.
After the complainant establishes a prima facie case of discrimination, the respondent would then have to show the action was justified or didn't amount to discrimination.
Mr Breheny said the onus of proof should remain on the person making the accusation as it was often very difficult to prove innocence.
"Giving complainants an unfair level of power under the legislation raises the threat of dubious claims being made and makes a mockery of Australia's legal system," he said.
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