LAW4129

Law and discrimination 406

Ms B Gaze

6 points
* Two 1.5-hour or one 1-hour and one 2-hour seminar per week
* First semester
* Clayton

Objectives 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.

Synopsis Concepts of equality and discrimination are introduced and the Australian social context considered. The law developed around State and Federal anti-discrimination legislation, initially through sex discrimination law which has had the most litigation. The main focus is on Victorian and Commonwealth laws. Specific issues considered include the grounds and areas of activity covered or exempted from the legislation, the constitutional complications of the legislation, problems of proof, procedural issues and the remedies available to victims of discrimination. Other areas studied include race discrimination, impairment and disability discrimination, and discrimination based on political or religious belief or activity. The effectiveness of the legislation is evaluated, and other means of reducing discrimination, such as affirmative action and comparable worth considered.

Assessment Research paper (2500-3000 words): 30%
* Class presentation on research paper (optional): 10%
* Final examination: 60% or 70%
* Students may be permitted to increase the research paper up to 60% reducing the weighting of their final examination accordingly (to a minimum of 40%).

Texts

Law and discrimination cases and materials Faculty of Law, Monash University
Equal Opportunity Act 1995 (Vic.)
Human Rights and Equal Opportunity Commission Act 1986 (Cth)
Racial Discrimination Act 1975 (Cth)
Sex Discrimination Act 1984 (Cth)