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The onus would then shift to the respondent to establish that the relevant circumstances were reasonable Recommendation 10: Reasonableness standard (Stage One) Review the standard of reasonableness as part of the definition of indirect discrimination to become more closely aligned with human rights based principles of legitimacy and proportionality Option for Reform A: Positive duty to eliminate discrimination and promote gender equality (Stage Two) Consider inserting into the SDA a positive duty to take reasonable steps to eliminate discrimination and promote gender equality, in addition to the prohibition on discrimination Recommendation 12: Associate of a person (Stage One) Amend the definitions of discrimination to cover disadvantage suffered as a result of an association with a person with a protected attribute or characteristic Recommendation 13: Unfavourable or less favourable treatment (Stage One) Clarify that it is not necessary for an applicant to establish that the respondent regarded the relevant treatment as unfavourable or less favourable Option for Reform B: Equality before the law (Stage Two) Consider the merits of amending the SDA be amended to provide equality before the law, along the lines of s 10 of the RDA or by giving binding effect to paragraph 2 of the Preamble to the SDA (including family and carer responsibilities)Recommendation 15: Ensure equal protection from discrimination on the grounds of couple status for all couples (Stage One) Amend the SDA to replace the protected ground of ‘marital status’ with ‘couple status’ and ensure that definitions such as ‘de facto spouse’ are amended to give all couples equal protection under the SDA, including same-sex couples Option for Reform C (Stage Two): Protection from discrimination on the grounds of sexuality, sex identity and gender identity Consider securing the legal protection from discrimination on the grounds of sexuality, sex identity or gender identity as part of a stage two inquiry into improving equality laws in Australia, for example, through a federal Recommendation 16: Extend family and carer responsibilities protection under the SDA (Stage One) (1) Make direct and indirect family and carer responsibilities discrimination unlawful in all areas covered by Part II Div 1 (2) Extend the definition of family responsibilities to include family and carer responsibilities which is inclusive of same-sex families, and provide a definition of family members and dependents which ensures adequate cover for both children and adults to whom care is being provided.