Undergraduate - UnitLAW4129 - Law and discrimination 406

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Synopsis

Topics include: concepts of equality and discrimination; the Australian social context; the law developed around State and Federal anti-discrimination legislation primarily in sex discrimination; grounds of discrimination including sex, race, disability and sexuality discrimination, and (if time) discrimination based on political or religious belief or activity; areas of activity covered or exempted from the legislation; constitutional complications of the legislation; problems of proof; procedural issues and the remedies available to victims of discrimination; concludes by evaluating effectiveness of the legislation and alternative measures like affirmative action.

Outcomes

On completion of the subject a student should have

1. acquired knowledge of the problem of unjustifiable discrimination and its Australian social context, and of anti-discrimination laws and their application and interpretation;
2. developed their research and writing skills through preparing a research paper;
3. developed an understanding of the philosophical and legal concepts of equality and discrimination and the problems of the development of this area in the common law context; and
4. developed the ability to think critically about concepts of equality, discrimination, special treatment, and the capacity and limits of law as a mechanism of social change.

Assessment

Examination (2.5 hours writing time and 30 minutes reading and noting time): 100% or research paper (2,500 words): 50% and examination (2.5 hours writing time and 30 minutes reading and noting time): 50%.

Chief examiner(s)

Dr Colin Campbell

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104