University of Technology Sydney

78257 Australian Discrimination Law

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UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): ((22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies)) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
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, disability, gender identity and race. 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 multi-media 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 an advanced 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;
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 high-level 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 sophisticated 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
    An advanced and integrated understanding of a complex body 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 principles and values of justice and ethical practices in lawyers' roles;
    d. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
    e. Contemporary developments in law and its professional practice. (1.1)
  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively, including an ability to:
    a. Identify and articulate complex legal issues in context, including the skill of critical reading and writing;
    b. Apply reasoning and research to generate appropriate theoretical and practical responses; and
    c. Demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses. (3.1)
  • Research Skills
    Specialist cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues including an ability to:
    a. Demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions; and
    b. Apply ethical research practices. (4.1)

Teaching and learning strategies

Strategy 1: Student preparation

Students prepare prior to coming to class. 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 class and key questions for reflection must be engaged with prior to class.

Students are encouraged to understand key elements of the discrimination law before the subject begins and to maintain currency with new developments while the subject is in progress. Students are required to follow media developments by engaging with reports, commentary and analysis. 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.

Students adopt discussant roles in class and are expected to be familiar with the ‘essential’ and ‘suggested’ material for the class, and come prepared to stimulate discussion and answer questions about the material. This engagement aims to broaden the student learning experience and provide a sense that solutions can often be discerned by collaborative exchanges. In these exchanges, students will gain formative feedback from the lecturer and their peers.

Strategy 2: 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. In addition, each student will be required to present in one class and to be a ‘discussant’ in another class.

As a presenter, students are required to collaborate with any co-presenters to present the material in the most comprehensive and engaging way. They will be expected to cover both ‘essential’ and ‘suggested’ material for the class, and to identify additional material, such as current or recent news stories, projects or cases, to highlight the issues for their topic. As a discussant, students are expected to be familiar with the ‘essential’ and ‘suggested’ material for the class, and 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.

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 from week 2 onwards.


Subject Delivery
This subject is offered by way of weekly 2 hour seminars.

Content (topics)

Topic 1: Australian discrimination laws in national and international context

Topic 2: Theories of discrimination

Topic 3: Law Reform Project

Topic 4: Sex Discrimination laws

Topic 5: Disability Discrimination laws

Topic 6:Race Discrimination laws

Topic 7:Coverage of discrimination laws

Topic 8:Complexity and the future of equality laws

Assessment

Assessment task 1: Class Participation

Objective(s):

This task addresses the following subject learning objectives:

1, 2 and 3

This task contributes specifically to the development of the following graduate attributes:

1.1, 3.1 and 4.1

Weight: 20%
Criteria:
  • Demonstrate an advanced knowledge of Australian Discrimination Law as a body of law through preparing and presenting or discussing relevant material in class. (SLO 1 ; GA 1, 4)
  • 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 and communicating this effectively in class. (SLO 2; GA 3)
  • By providing informed responses in class presentation and/or discussions, demonstrate critical and creative skills in generating appropriate theoretical and practical responses to complex legal issues. (SLO 3; GA 3)

Assessment task 2: Law reform exercise

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 5

This task contributes specifically to the development of the following graduate attributes:

1.1, 3.1 and 4.1

Weight: 30%
Length:

1500 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)
  • Engage in critical analysis of discrimination laws in their social and political context, including identifying gaps in legal coverage and identifying and addressing a potential area for law reform. (SLO 2; GA 3)
  • Apply high-level 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)
  • Demonstrate critical and creative skills in generating an appropriate theoretical and practical response to the chosen area of law reform. (SLO 4; GA 3)
  • Apply sophisticated cognitive and strategic skills in developing viable recommendations for or against a new regulatory approach and/or legislative reforms. (SLO 5; GA 3)
  • Clear and effective written expression, including the correct use of grammar and syntax, and conformity with the academic style. (SLO 1; GA 1)

Assessment task 3: Research Essay

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

1.1, 3.1 and 4.1

Weight: 50%
Length:

2500 words

Criteria:
  • Demonstrate an advanced 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 by identifying and responding to an emerging area within the field. (SLO 1; GA 1)
  • 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 in the chosen topic. (SLO 2; GA 3)
  • Apply high-level research skills to identify and integrate a diverse range of legal and policy materials in addressing the problems in the chosen field. (SLO 3; GA 4)
  • Demonstrate critical and creative skills in generating appropriate theoretical and practical responses to the legal issues in the chosen field. (SLO 4; GA 3)
  • Clear and effective written expression, including the correct use of grammar and syntax, and conformity with the academic style. (SLO 1; GA 1)