76088 Discrimination and the Law
Warning: The information on this page is indicative. The subject outline for a
particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2017 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 70616 Australian Constitutional Law
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
This subject offers students a comprehensive practical and theoretical overview of Australian discrimination law. It examines federal and state anti-discrimination laws with a focus on sex, race and disability, as well as relevant international treaties. Students analyse legislation and key cases in each of these areas, developing crucial legal skills such as statutory interpretation and legal problem-solving, equipping them for professional practice. Students also learn about key procedures of discrimination law in practice, including complaints processes, conciliation and state tribunals.
Along with a solid grounding in discrimination law practice, students are required to consider anti-discrimination laws in their vibrant and constantly changing political and social contexts. Students think critically about the best ways to overcome social inequality and guarantee certain human rights protections through law and policy reform. They trace the emergence and reform over time of anti-discrimination laws, and consider ways in which social and public institutions, such as statutory authorities, non-government organisations and activism, might shape future reforms. In addition, students are encouraged to examine current and emerging discrimination issues as they arise in the courts and media.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Develop a comprehensive understanding of Australian Discrimination Law and its relation to other key areas of law (especially human rights, constitutional and labour law). |
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| 2. | Understand the processes of law reform in a dynamic and complex area of public interest law, as shaped by its social and political context |
| 3. | Apply critical analysis and research skills by: accessing and synthesising a diverse range of legal and policy materials; analysing discrimination laws in their social and political context; and undertaking both theoretical and applied legal research. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including the Australian legal system, social justice, cultural and international contexts and the principles and values of ethical practice. (1.0) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (4.0)
Teaching and learning strategies
Strategy 1: Seminar style classes will be conducted in an interactive format. Student participation and engagement with the course will be encouraged by allocating responsibility for student-lead discussion, and by using wherever possible current and contemporary discrimination law issues.
Strategy 2: Mini-lectures: Each seminar will include a mini-lecture that will introduce key legal concepts for the next class. As some aspects of discrimination law are complex, and involve legal concepts not found in other areas of law, this will provide a guide for students in getting the most out of their readings for the subject.
Strategy 3: In class law-reform exercises: An important teaching strategy for the class is the theme of law reform, which will give students a strong understanding of the social and political context in which discrimination law is made and changed, as well as its entanglements with other areas of law. Students will be lead through in-class law reform exercises, tracing how certain discrimination provisions came to be enacted. Assessment task 2 is based on this theme.
Content (topics)
Topic 1: Australian discrimination laws in national and international context
Topic 2: Theories of discrimination
Topic 3: Law Reform Project
Topic 4: Sex Discrimination laws
Topic 5: Disability Discrimination laws
Topic 6:Race Discrimination laws
Topic 7:Coverage of discrimination laws
Topic 8:The future of equality laws
Assessment
Assessment task 1: Class Participation
| Objective(s): | This task addresses the following subject learning objectives: 1 and 3 This task contributes specifically to the development of the following graduate attributes: 1.0 and 3.0 |
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| Weight: | 15% |
| Length: | Notional length: 800 words |
Assessment task 2: Law reform exercise
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 4.0 |
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| Weight: | 30% |
| Length: | 1200 words |
Assessment task 3: Research Essay
| Objective(s): | This task addresses the following subject learning objectives: 1 and 3 This task contributes specifically to the development of the following graduate attributes: 3.0 and 4.0 |
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| Weight: | 55% |
| Length: | 3000 words |
Required texts
Neil Rees, Simon Rice and Dominique Allen, Australian Anti-Discrimination Law, The Federation Press, 2nd edition, 2014.
This is the textbook for the course. It includes essential reading for every class, and can be purchased through Broadway Coop Bookshop. A copy has also been put on Closed Reserve in the UTS Library.
