Course overview
The course will consider the legislative and common law framework which regulates discrimination in Australia. It will assess the Commonwealth and South Australian anti-discrimination legislation in terms of their conceptual underpinnings, constitutional basis, legislative structure, procedures and remedies. In addition to introducing students to the current anti-discrimination regime in Australia, the course will facilitate continued engagement with anti-discrimination legislation (necessary in this fast developing arena) through examination of the theoretical framework of anti-discrimination legislation and theories of equality and discrimination. In order to expand understanding of the operation and limitations of the Australian legislation, there will also be a comparative analysis of aspects of equality and anti-discrimination law in Europe and North America.
- Introduction
- Legislative prohibitions of anti-discrimination
- Enforcement Processes
- Law Reform
Course learning outcomes
- Analyse, evaluate and synthesise a range of primary and secondary legal sources to inform the provision of coherent and appropriate advice regarding the operation and effect of anti-discrimination laws.
- Critique the operation of anti-discrimination and equality laws from a theoretical and policy perspective.
- Develop persuasive written and oral arguments appropriate for both lay and legal audiences.
- Exercise professional and ethical judgment when representing a client in an anti-discrimination matter in an academic context.
- Develop persuasive arguments for reform of law to improve coverage, access, efficacy and cultural impact.