78257 Australian Discrimination Law
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Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 78101c Postgraduate Legal Research OR ((22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04147 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07074 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies)) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
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). |
|---|---|
| 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. |
| 4. | Develop the capacity to innovate in the area of discrimination law based on research |
| 5. | Produce practical recommendations for new regulatory approaches and legislative reforms |
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% |
Assessment task 2: Law reform exercise
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 5 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 4.0 |
|---|---|
| Weight: | 30% |
| Length: | 1500 words |
Assessment task 3: Research Essay
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 3.0 and 4.0 |
|---|---|
| Weight: | 55% |
| Length: | 4000 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.
