ATTORNEY-GENERAL Nicola Roxon has defended her plan to consolidate national anti-discrimination laws, describing the move as a sensible middle course.
She acknowledged some sections of the community thought the government was not going far enough to address discrimination.
Ms Roxon on Tuesday released draft legislation that creates a single piece of legislation to amalgamate five existing statutes covering age, disability, race, sex and other forms of discrimination.
The draft bill does not make significant changes to what is unlawful and what is not.
However, it does outlaw discrimination against sexual orientation and gender identity, and extends protections against relationship discrimination to same-sex couples.
In a more controversial move, the draft also includes a controversial change to the onus of proof that has angered the opposition.
Ms Roxon said the draft bill lifted existing laws, some of which were 30 years-old, to the highest contemporary standard.
"I believe we have actually chosen a very sensible middle course," she told reporters in Canberra.
The new legislation would provide better protections with a clearer and simpler regime for business, organisations and individuals, she said.
Ms Roxon cited the "ridiculous" example of an African woman who needed to separately make complaints of sex and race discrimination.
"Now she can make a single complaint recognising the discrimination was because she was both a woman and African."
There will be a single, simple definition of discrimination as "unfavourable treatment" and a simple defence of justification.
Discrimination would be lawful when done for legitimate aim and proportionate to aim.
Religious exemptions will continue, except in relation to commonwealth-funded aged-care providers.
No longer will they be permitted to discriminate on the grounds of sexual orientation and gender identity.
The draft bill will create a shifting burden of proof. Once a prima facie case has been established, it will have to be disproved by the respondent to the complaint.
That provision has not impressed the opposition.
"It violates the whole principle upon which our justice system has always operated," shadow attorney-general George Brandis said.
It was for the complainant to demonstrate a wrong had been committed, not for a respondent to prove they had done the right thing, he said.
Senator Brandis warned the change could result in a huge increase in claims.
Finance Minister Penny Wong dismissed his concerns, saying the draft bill gave the Human Rights Commission greater power to reject complaints without merit earlier in the process.
The commission said the evidentiary onus on respondents was common sense and consistent with other civil claims processes in Australia.
The Australian Greens do not think the government has gone far enough, arguing the consolidated laws should cover aspects such as intersex status, religious beliefs or activity, irrelevant criminal records and social status.
"This would mean people could not be discriminated against, for example, if they are homeless or unemployed," Greens senator Penny Wright said.
Marriage equality advocates want the draft bill to end discrimination against same-sex marriage.
"The government should lead by example, respecting the same standards of fair and equal treatment that it expects the community to uphold," said Rod Croome, national convenor of Australian Marriage Equality.
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