Handbook

Anti-discrimination laws are a central feature of human rights protection in Australia, promoting the right to equality in public life. This course will examine Federal and NSW laws prohibiting discrimination on grounds including sex, race, disability and age from both a practical and theoretical perspective. It will:

• Consider the theoretical underpinnings of anti-discrimination laws and encourage students to think critically about the limitations of concepts of 'equality' and 'non-discrimination' in the promotion and protection of human rights
• Give students a solid practical understanding of the operation and coverage of anti-discrimination legislation and provide an overview of relevant case law to equip students for professional practice
• Examine the relationship between Federal and State anti-discrimination laws
• Develop skills in statutory interpretation and legal problem-solving in the context of discrimination laws
• Cover practical issues in the resolution of discrimination complaints, including administrative procedures before complaint-handling bodies, the process of conciliation and taking a matter before the Federal Court, Federal Circuit and Family Court or NSW Civil and Administrative Tribunal
• Consider the appropriateness of conciliation and litigation as methods of resolving complaints of discrimination
• Encourage students to critique the operation of anti-discrimination laws as a means of overcoming social inequality and disadvantage and consider the experiences of groups that anti-discrimination laws are designed to 'protect'

Main Topics

• Introduction and overview
• Theoretical underpinnings - equality, equal opportunity and discrimination
• The Australian approach to discrimination law - 'Direct' and 'indirect' discrimination; special measures, affirmative action and 'positive discrimination', vicarious liability, ancillary liability and victimization
• Sex, marital status and pregnancy discrimination
• LGBTIQA+ discrimination
• Religious discrimination
• Sexual harassment
• Race discrimination
• Racial vilification
• Disability discrimination
• Age discrimination
• Practice and procedure and options for law reform