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Discrimination and the Law - LAWS2412
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 8
 
 
EFTSL: 0.16667 (more info)
 
 
Indicative Contact Hours per Week: 4
 
 
Enrolment Requirements:
 
 
Prerequisite: LAWS1001, LAWS1011; or LAWS1610; Corequisite: LAWS2311 or LAWS1010.
 
 
Excluded: LAWS4091, LAWS4092
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

This course will examine Federal and NSW anti-discrimination laws 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
  • Examine the constitutional basis for federal anti-discrimination laws and the international treaties that enliven the 'external affairs' power
  • 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 appropriateness of conciliation and litigation as methods of resolving complaints of discrimination
  • 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

  • Anti-discrimination law - introduction and overview
  • Theoretical underpinnings - equality, equal opportunity and discrimination
  • Direct discrimination
  • Indirect discrimination
  • Sex, marital status and pregnancy discrimination
  • Sexual harassment
  • Race discrimination
  • Racial vilification
  • Disability discrimination
  • Age discrimination
  • Special measures, affirmative action and 'reverse discrimination'
  • Practice and procedure
  • Vicarious liability, ancillary liability and victimisation
  • Intersection of grounds

Assessment

Class participation Preparation and engagement in class 15%
Research essay 3,000 words 35%
Exam Open book 50%
 

Course Texts

Prescribed
Federal Discrimination Law 2005 ('FDL 2005') and its latest Supplement, published by the Human Rights and Equal Opportunity Commission (HREOC).

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.au

Students 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) ('ADA')
  • Human Rights and Equal Opportunity Commission Act 1986 (Cth) ('HREOC Act')
  • Racial Discrimination Act 1975 (Cth) ('RDA')
  • Sex Discrimination Act 1984 (Cth) ('SDA')
  • Disability Discrimination Act 1992 (Cth) ('DDA')
  • Age Discrimination Act 2004 (Cth) ('Age DA')
Printed course materials will also be available with required readings.

Recommended
Refer to Course Outline provided by lecturer.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.