LAW4129 · Discrimination law

Overview

This unit examines discrimination as a social and legal phenomenon, as one of the main areas in which Australia has sought to explicitly enshrine human rights protection. Discrimination law prohibits a range of direct and indirect conduct that perpetrates inequality on the basis of protected attributes, such as sex, race and disability. However, Australian discrimination law retains significant flaws and lags behind contemporary developments in comparable jurisdictions such as Canada, New Zealand, and the UK - especially regarding systemic, preventative measures. This unit explores the key features and framework of discrimination law in Australia: its social context, underlying concepts and theories, federal and state/territory interactions, prohibitions of unlawful discrimination, protection of particular attributes, and use of exceptions and exemptions. Throughout, the focus will be on the following: to what extent is discrimination law an effective system in addressing, redressing, and preventing discrimination? Could it be improved and reformed, and if so how?

Offerings

Assessment

The Handbook does not list a final examination among the assessment items. That is not a guarantee there is none.

Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.

Requisites

Learning outcomes

1. Demonstrate knowledge of the problem of unjustifiable discrimination and its Australian social context, and of applicable discrimination laws.
2. Identify, research and evaluate legal and policy issues in discrimination law
3. Apply critical thinking to concepts of equality, discrimination, and the capacity and limits of law and policy as mechanisms of social change
4. Communicate appropriately and persuasively on issues of discrimination law
5. Develop law reform proposals in order to evaluate discrimination law and improve its effectiveness

Workload

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

Student experience, not official rules. Nothing here changes what the Handbook says.