76088 Discrimination and the Law
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Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 70616 Australian Constitutional Law
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
This subject provides a comprehensive practical and theoretical overview of Australian discrimination law. Relevant federal and state anti-discrimination laws are explored, with a focus on sex, sexual harassment, disability and race, along with emerging issues and areas of reform. 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 legal, political and social contexts. People's lived experiences of discrimination are incorporated through guest lectures and multimedia first-person narratives. 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. 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. | Demonstrate a comprehensive knowledge of Australian Discrimination Law as a body of law and in relation to key overlapping areas of law such as human rights, constitutional and labour law; |
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| 2. | Engage in critical analysis of discrimination laws in their social and political context, including identifying gaps in legal coverage and potential areas for law reform; |
| 3. | Apply research skills to identify and integrate a diverse range of legal and policy materials in addressing identified legal problems; |
| 4. | Demonstrate critical and creative skills in generating appropriate theoretical and practical responses to complex legal issues; |
| 5. | Apply cognitive and strategic skills in developing viable recommendations for new regulatory approaches and legislative reforms. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including:
a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1)
Teaching and learning strategies
Strategy 1: Student participation in online activities and discussion
Students participate in activities and discussion in online classes. The Program (see below) provides subject sources that students should view, listen to or read. Subject sources (online, audio, text, video) are identified for each online class and key questions or activities for reflection, discussion or written responses must be completed before the next face to face seminar.
Major developments in discrimination law between classes are highlighted on UTS Online where students can follow links, add their own links, provide responses and comment, and post questions to augment the learning experience. Assistance in understanding context and significance can come from other students and the teacher.
Strategy 2: Student participation in class
Seminar style classes are conducted in an interactive format. Student participation and engagement with the subject is encouraged by allocating responsibility for student-lead discussion, and by exploring, wherever possible, current and contemporary discrimination law issues.
As a ‘discussant’, allocated to a particular class, students are required to cover both ‘essential’ and ‘suggested’ material for that class, and to identify additional material, such as current or recent news stories, projects or cases, to highlight the issues for their topic. They should come prepared to stimulate discussion and answer questions about the material.
Class discussions provide an opportunity for students to build on their independent study and critically explore, analyse and reflect on a range of relevant issues as well as to develop and evaluate their own policy and regulatory positions. Students will be able to gain valuable feedback from their colleagues and the teacher and at the same time develop their skills in critical analysis and evaluation.
Strategy 3: In class law-reform exercise
An important theme for the subject is the role of law reform in this field, 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. Seminar readings and discussion will highlight how law reform processes have shaped current discrimination laws have come into being, including tracing how certain discrimination provisions came to be enacted.
With this material as background, students will be lead through an in-class law reform exercise, following how a particular recent discrimination law change came about, from the original political, social or legal impetus for change to a draft bill and final legal change. This will assist them in completing their written assessment 2.
Strategy 4: Interactive mini lectures
Seminars will include mini-lectures, as appropriate, 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 5: Feedback
Learning develops in a rounded way with the benefit of ongoing feedback, which includes not only what needs attention but also how issues for attention might be addressed. Feedback comes from a variety of sources including: from colleagues in the class who respond to a student’s contribution either in the class or on Canvas; the teacher in response to written assignments; and, a student’s own reflection on their work and participation. Students will receive formative feedback from each other and the lecturer in class and on-line.
Subject Delivery:
Block teaching of six four hour in-person classes and three online classes.
Content (topics)
Topic 1: Australian discrimination laws in national and international context
Topic 2: Theories of discrimination
Topic 3: Law Reform Project
Topic 4: Sexual Harassment and Sex Discrimination laws
Topic 5: Disability Discrimination laws
Topic 6: Race Discrimination laws
Topic 7: Practicing discrimination law
Topic 8: Contemporary issues in discrimination law
Assessment
Assessment task 1: Class Participation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.1.1 and LAW.3.1 |
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| Weight: | 15% |
| Length: | Notional length: 500 words |
| Criteria: |
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Assessment task 2: Law reform submission
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1 and LAW.4.1 |
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| Weight: | 50% |
| Length: | 1950 words |
| Criteria: | Demonstrate an advanced knowledge of Australian Discrimination Law as a body of law by identifying, describing and arguing for or against an area of potential law reform. (SLO 1; GA 1)
- Apply effective research skills to identify and integrate a diverse range of legal and policy materials in addressing the chosen law reform problem. (SLO 3; GA 4)
- Apply cognitive and strategic skills in developing viable recommendations for or against a new regulatory approach and/or legislative reforms. (SLO 5; GA 3)
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Assessment task 3: Written reflection on Online Modules
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1 and LAW.4.1 |
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| Weight: | 35% |
| Length: | 1450 words or equivalent |
| Criteria: |
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Minimum requirements
Students must attend 100% of seminars to pass the subject.
Recommended texts
Neil Rees, Simon Rice and Dominique Allen, Australian Anti-Discrimination and Equal Opportunity Law, The Federation Press, 3rd edition, 2018.
Other resources
Beth Gaze and Belinda Smith, Equality and Discrimination Law in Australia: An introduction, Cambridge University Press, Cambridge 2017.
Australian Human Rights Commission, Federal Discrimination Law 2016: https://www.humanrights.gov.au/our-work/legal/publications/federal-discrimination-law-2016