|Year of offer||2018|
|Subject level||Graduate coursework Level 5|
|Fees||Subject EFTSL, Level, Discipline & Census Date|
This subject examines the development, operation and future of anti-discrimination laws in Australia. Since legislation was first adopted in the 1960s to respond to problems of discrimination and inequality, there has been significant expansion of its scope, and development of knowledge about its social context, theories of equality and discrimination, and how the law operates. The course examines the capacities and limitations of law in trying to change broad social behaviour patterns in wide ranging areas of activity such as work, education, and supply of goods, services and accommodation. The intellectual background of the subject includes consideration of the ideas of equality and discrimination, and theories about their causes and remedies. As theory and legislative design has become more sophisticated, the emphasis in both has moved from a focus on discrimination to the underlying aim of promoting equality. The subject examines the difficulties of operating within a federal system, critically analyses the effectiveness of anti-discrimination law in reducing inequality in Australia, and where relevant contrasts Australian law with other approaches.
The subject will introduce anti-discrimination law generally and consider its operation in relation to the characteristics of sex, sexuality, race, and disability. The optional research paper provides students with an opportunity to study one of these areas, or another area of the law, in greater depth. The subject also offers the option for a limited number of students to undertake a placement in a legal service working in anti-discrimination law to provide an experiential basis for understanding and evaluating the law in operation. As limited placements are available, a selection process will be undertaken at the start of the subject if necessary.
The subject aims to develop expertise in the current legislative approaches and their development and a critical understanding of the historical and theoretical foundations of the law, and to evaluate its effect, including through international comparison. It considers how effective law has been in changing social practices and eliminating discrimination, and whether alternative approaches offer better prospects.
Intended learning outcomes
On completion of this subject, students will:
- Have developed a detailed, sophisticated and contextual understanding of:
- The social dimensions of inequality and discrimination in Australia;
- The philosophical and legal concepts of equality and discrimination underpinning the legislation, their complexities, and the legal, theoretical and practical hurdles to giving full effect to the legislative scheme;
- The structure, purpose and application of anti-discrimination legislation;
- The history and development of the legislation in Australia, including its relationships with international human rights law, the successive stages of development, the interaction of legislative change and judicial interpretation, and current debates about legislative harmonisation and consolidation;
- The complexities of the legislation in the context of a federal system and its scope, extending across work, education, many areas of business, government services, etc;
- The powers and challenges for agencies that play a role in enforcing the law, and for individuals seeking to enforce or defend a claim;
- How Australia’s legislation and its effects compares with that of other relevant countries such as NZ, Canada, UK and the EU;
- The factors that affect or limit the ability of the law to achieve its aims, and alternative approaches, such as positive action and positive duties; and
- The capacity and limits of law as a mechanism of broad social change.
- As a result students who successfully complete this subject will be able to:
- Analyse and research complex situations and apply the legislation and theories to them;
- Critically analyse and evaluate the problems and theories underlying the legislation and its application and limits; and
- Effectively communicate, to specialist and non-specialist audiences alike, their thinking in relation to both legal and broader discussions of legal efforts to counteract discriminatory acts, practices and structures.
On completion of the subject, students should have critically analysed a specific decision in anti-discrimination law from the perspective of both legal technique and theoretical perspectives. They will have further developed the following specialist skills:
- Expertise in recognising the complexities and tensions inherent in using law as an instrument of social change and applying theoretical ideas through legislation;
- The ability to learn from encountering very different perspectives, and sensitivity to the experiences and ideas of people from very different backgrounds to their own, including across cultures, gender, sexuality, age and other classifications;
- The ability to use complex legal materials and structures within a federal framework to read, interpret and analyse statutes, and understand the significance of variations in approaches in different jurisdictions, as well as to read analytically and understand complex cases focussing on statutory interpretation. This includes the demonstrated capacity to critically analyse the approach of decision-makers to the interpretation of anti-discrimination laws, including the nature of the arguments that courts accept and reject, and the approaches of parliaments to reform;
- Exploring the relationship between legal and social thought and analysis; and
- Understanding the practical effects of legislation and legal decisions as well as the doctrinal outcomes of legal decisions.
In addition, students undertaking a placement will further develop their practical skills in relation to legal workplaces of:
- Working cooperatively in a human rights organisation;
- Undertaking research of practical value to that organisation;
- Learning through observation and experience about the work of the organisation and the experiences of its client group; and
- Work-related skills such as communication, time management, and office organisation.
Eligibility and requirements
Successful completion of all the below subjects:
|Code||Name||Teaching period||Credit Points|
|LAWS50023||Legal Method and Reasoning||
|LAWS50024||Principles of Public Law||
Students who have completed any of the below subjects are not permitted to take LAWS50068 Equality and Discrimination Law:
|Code||Name||Teaching period||Credit Points|
|LAWS70025||Equality and Discrimination at Work||
Core participation requirements
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
1. For students NOT undertaking a placement:
- Reflective essay of 1,500 words, 20%
- Final examination of two hours, 80%
- OR Research essay of 5,000 words, 80%.
2. For students undertaking a placement:
- Assessment of placement performance 20%; and
- Written assignment of 2,500 words, 40%; and
- Final examination (1 hour), 40%.
The due date of the above assessment will be available to students via the Assessment Schedule on the LMS Community.
Quotas apply to this subject
Dates & times
- Semester 2
Principal coordinator Beth Gaze Mode of delivery On Campus — Parkville Contact hours 36 hours Total time commitment 144 hours Teaching period 23 July 2018 to 21 October 2018 Last self-enrol date 4 December 2017 Census date 31 August 2018 Last date to withdraw without fail 21 September 2018 Assessment period ends 16 November 2018
Semester 2 contact information
Additional delivery details
This subject has an enrolment quota of 60 students. Your subject enrolment will not be confirmed until the selection process has been run. Selection is conducted on a random basis with outcomes communicated to students shortly after re-enrolment closes. Please refer to the Melbourne Law School website for more information on the JD Quota Elective selection process.
- Beth Gaze and Belinda Smith, Equality and Discrimination Law in Australia: An Introduction (2017);
- Specialist printed materials will also be made available from the Melbourne Law School.
Recommended texts and other resources
- Neil Rees, Simon Rice and Dominique Allen, Australian Anti-Discrimination Law: Text, Cases and Materials (3rd ed, 2018).
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor