LAW5422 · Human rights laws in Australia

Overview

Australia has a variety of Human Rights laws and frameworks that expressly provide for rights protection and provide domestic avenues for the resolution of disputes that involve peoples human rights, these were predominantly dealt with under non-human rights specific laws and, on occasion, referred to unenforceable international fora for dispute resolution. This unit focuses on the history, development and impacts of the current Human Rights Acts at State level and now proposed for the Federal jurisdiction in Australia. Students undertaking this unit will study the theoretical and operational frameworks of Charters and Human Rights Acts within the Victorian, Australian and comparative settings. The unit will consider the different structures and mechanisms employed by comparative human rights instruments, and the impact these differences have on the relevance of those instruments to Australian Human Rights Acts You will comprehensively and critically explore the scope of the rights, the powers to place restrictions on rights, the impact of the Acts on the development and interpretation of legislation, the impact of the Acts on public authorities, and the complex relationships that are established between various entities under the Acts. The analytical approach to the material will enable you to contribute to debate about reform of the State Acts and the proposals for the Federal Act. The unit will also develop various skills of students, including statutory interpretation and jurisprudence and legal analysis. This unit will appeal to those with an interest in human rights law, constitutional law, administrative law, government law, social justice and law reform.

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. Apply knowledge, legal analysis and understanding of the Australian Human Rights Acts and laws to hypothetical and real life situations.
2. Identify and convincingly articulate the similarities and differences to regimes within Australia, such as Victoria, ACT and Queensland, and comparative jurisdictions such as those in the UK and New Zealand.
3. Investigate, analyse and synthesise complex information, problems, and concepts in relation to the Australian Human Rights Acts and laws, and the issues they apply to.
4. Contribute to, and communicate on, debates about interpretation and reform of Australian Human Rights Acts, particularly the proposal for a Federal Human Rights Act
5. Conduct research on Australian Human Rights Acts based on knowledge of appropriate research principles and methods.
6. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to Australian Human Rights Acts.

Workload

Minimum total expected workload to achieve the learning outcomes for this unit typically comprises of a mixture of scheduled learning activities and independent study applicable to a 6 credit point unit. Learning 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.