1. Handbook
  2. Subjects
  3. Human Rights in Australia
  4. Print

Human Rights in Australia (LAWS90174)

Graduate courseworkPoints: 12.5On Campus (Parkville)

You’re viewing the 2022 Handbook:
Or view archived Handbooks
Subjects taught in 2022 will be in one of three delivery modes: Dual-Delivery, Online or On Campus.
From 2023 most subjects will be taught on campus only with flexible options limited to a select number of postgraduate programs and individual subjects.
To learn more, visit COVID-19 course and subject delivery.
You’re currently viewing the 2022 version of this subject

Overview

Availability(Quotas apply)
August
FeesLook up fees

When the Queensland Parliament recently enacted a Human Rights Act, it became the third State or Territory to introduce a statutory human rights Act in Australia. The Victorian, ACT and Queensland statutory human rights Acts and Commonwealth Human Rights (Parliamentary Scrutiny) Act 2011 form part of the domestic human rights legal protections in Australia. This subject will take an in-depth look at the operation of the Victorian Charter of Human Rights and Responsibilities, the ACT and Queensland Human Rights Acts and the Commonwealth scrutiny of legislation for compatibility with human rights, with a focus on how these instruments have operated in practice. The focus of this subject is on these particular statutory human rights Acts.

The subject lecturers, Kylie Evans and Alistair Pound are barristers with significant expertise on the Victorian Charter, having appeared in numerous human rights cases in Courts and tribunals.

Principal topics include:

  • The debate over Bills of Rights in Australia and the national human rights framework
  • The obligations on public authorities imposed by human rights legislation
  • Applying statutory interpretation provisions in human rights legislation
  • Statements of compatibility and legislative scrutiny
  • Rights protected by statutory human rights Acts including the economic rights protected in the ACT and Queensland Human Rights Acts
  • The use of human rights Acts in legal proceedings
  • Implementation by public authorities of human rights Acts

Intended learning outcomes

A student who has successfully completed this subject will: 



  • Have an advanced understanding of the way that statutory human rights Acts operate in Australia
  • Know what the differences are between the different State and Territory human rights Acts in Australia
  • Be able to critically evaluate the practical effectiveness of a statutory human rights Act as a model of human rights protection
  • Know how to use human rights legislation in litigation and understand the limitations of doing so
  • Be able to identify the features of a well-reasoned statement of compatibility  

Last updated: 12 November 2022

Eligibility and requirements

Prerequisites

None

Corequisites

None

Non-allowed subjects

None

Recommended background knowledge

Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.

Inherent requirements (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

Last updated: 12 November 2022

Assessment

DescriptionTimingPercentage

Option 1: Take-home exam

  • 5000-6000 words (total)
7 - 10 October 2022100%

Option 2: Research paper

  • 8000 words (total)
2 November 2022100%

Attendance

Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online, however attendance at all live online sessions is expected.		Throughout the teaching periodN/A

Additional details

Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.

Last updated: 12 November 2022

Quotas apply to this subject

Dates & times

  • August
    Principal coordinatorKylie Evans
    Mode of deliveryOn Campus (Parkville)
    Contact hours
    Total time commitment150 hours
    Pre teaching start date13 July 2022
    Pre teaching requirementsPlease refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
    Teaching period10 August 2022 to 16 August 2022
    Last self-enrol date18 July 2022
    Census date11 August 2022
    Last date to withdraw without fail23 September 2022
    Assessment period ends 2 November 2022

    August contact information

    Lecturers

    Kylie Evans (Coordinator)
    Alistair Pound SC

    Email: law-masters@unimelb.edu.au
    Phone: +61 3 8344 6190
    Website: law.unimelb.edu.au

Additional delivery details

This subject has a quota of 30 students.

Enrolment is on a 'first in' basis. Waitlists are maintained for subjects that are fully subscribed.

Students should note priority of waitlisted places in subjects will be given as follows:

  • To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
  • To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.

Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.

Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.

Last updated: 12 November 2022

Further information

  • Texts

    Prescribed texts

    Specialist materials will be made available via the LMS during the pre-teaching period.

  • Links to additional information

    law.unimelb.edu.au

  • Available through the Community Access Program

    About the Community Access Program (CAP)

    This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.

    Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.

    Additional information for this subject

    If required, please contact law-masters@unimelb.edu.au for subject coordinator approval.

  • Available to Study Abroad and/or Study Exchange Students

    This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.

Last updated: 12 November 2022