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Campus: Kensington Campus
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Career: Postgraduate
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Units of Credit: 6
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Indicative Contact Hours per Week: 4
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Enrolment Requirements:
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Prerequisite: LAWS1001 and LAWS1011 and Corequisite: LAWS2311; Prerequisite: JURD7101 and JURD7111 and Corequisite: JURD7211
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Excluded: JURD7691, JURD7792, LAWS3412, LAWS8391, LAWS8392
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Description
Anti-discrimination laws are a central feature of human rights protection in Australia, promoting the right to equality in public life. This course will examine Federal and NSW laws prohibiting discrimination on grounds including sex, race, disability and age from both a practical and theoretical perspective. It will:
- Consider the theoretical underpinnings of anti-discrimination laws and encourage students to think critically about the limitations of concepts of 'equality' and 'non-discrimination' in the promotion and protection of human rights
- Give students a solid practical understanding of the operation and coverage of anti-discrimination legislation and provide an overview of relevant case law to equip students for professional practice
- Examine the relationship between federal and State anti-discrimination laws
- Give students a solid practical understanding of the operation and coverage of anti-discrimination legislation and provide an overview of relevant case law to equip students for professional practice
- Develop skills in statutory interpretation and legal problem-solving in the context of discrimination laws
- Cover practical issues in the resolution of discrimination complaints, including administrative procedures before complaint-handling bodies, the process of conciliation and taking a matter before the Federal Court, Federal Magistrates Court or Administrative Decisions Tribunal
- Consider the theoretical underpinnings of anti-discrimination laws and encourage students to think critically about the limitations of concepts of 'equality' and 'non-discrimination' in the promotion and protection of human rights
- Give students a solid practical understanding of the operation and coverage of anti-discrimination legislation and provide an overview of relevant case law to equip students for professional practice
- Develop skills in legal problem-solving and statutory interpretation in the context of discrimination laws
- Consider the appropriateness of conciliation and litigation as methods of resolving complaints of discrimination
- Cover practical issues in the resolution of discrimination complaints, including administrative procedures before complaint-handling bodies, the process of conciliation and taking a matter before the Federal Court, Federal Magistrates Court or Administrative Decisions Tribunal
- Encourage students to critique the operation of anti-discrimination laws as a means of overcoming social inequality and disadvantage and consider the experiences of groups that anti-discrimination laws are designed to 'protect'
Recommended Prior Knowledge
None
Course Objectives
By the end of the course, you should be able to:
- Recall the central legal principles of anti-discrimination law with reference to the relevant legislation and any case law and explain them in plain English
- Identify the legal issues in a hypothetical fact situation raising possible issues of discrimination and provide an opinion in the form of a legal advice on those issues
- Identify procedural, evidentiary and other issues that may impact upon a person's ability to assert their rights under anti-discrimination law
- Critique the operation of anti-discrimination laws from a practical and theoretical perspective
- Present an argument in relation to the issues covered in the course in a reasoned manner, including the ability to recognise weaknesses in the argument and identify (and counter) contrary views
- Communicate effectively in relation to the subject matter of this course both orally and in writing
Main Topics
- Introduction and overview
- Theoretical underpinnings - equality, equal opportunity and discrimination
- The Australian Approach to Discrimination Law - 'Direct' and 'indirect' discrimination; Special measures, affirmative action and 'positive discrimination', Vicarious liability, ancillary liability and victimization
- Sex, marital status and pregnancy discrimination
- Sexual harassment
- Race discrimination
- Racial vilification
- Disability discrimination
- Age discrimination
- Practice and procedure and options for law reform
Assessment
| Class participation |
Preparation and engagement in class |
15% |
| Research essay |
3,000 words |
35% |
| Exam |
Take home examination |
50% |
Course Texts
Prescribed
Federal Discrimination Law, Australia Human Rights Commission: available free online via the Commission's website (PDF and Word formats:[[humanrights.gov.au/legal/FDL]]) and also via Austlii (html format: [[www,austlii.edu.au/au/other/HRLRes/2009/1/]]) The publication and supplement are available as a free download from the HREOC website. Hard copies of the book are available for purchase for $20 from HREOC. Purchase order forms are available from the HREOC website (via the legal research and resources page): www.hreoc.gov.auStudents are also required to have a full copy of the following legislation, available on the internet, and will need to bring it to relevant classes:
- Anti-Discrimination Act 1977 (NSW)
- Australian Human Rights Commission Act 1986 (Cth)
- Racial Discrimination Act 1975 (Cth)
- Sex Discrimination Act 1984 (Cth)
- Disability Discrimination Act 1992 (Cth)
- Age Discrimination Act 2004 (Cth)
Printed course materials will also be available with required readings.
Recommended
Refer to Course Outline provided by lecturer. |
