LAWS6098
10 units
6000 level
Course handbook
Description
This course examines the philosophical and legal concepts of equality and discrimination and considers the effectiveness and limitations of law as tool for changing behaviour and promoting equality. It examines the historical development and operation of anti-discrimination laws in Australia and where relevant, contrasts Australian law with other approaches. Recognising the complexities and tensions inherent in using law as an instrument in combating social inequality, the course critically analyses the effectiveness of anti-discrimination law.
Topics include the theoretical framework and historical development of equal opportunity protection in Australia, constitutional considerations and the difficulties associated with operating within a federal system, an overview of the Australian equal opportunity scheme, proving direct and indirect discrimination, sexual, racial, disability and age discrimination, equal opportunity procedure and remedies and alternative approaches to combating inequality.
Availability2024 Course Timetables
Newcastle City Precinct
- Semester 2 - 2024
Learning outcomes
On successful completion of the course students will be able to:
1. Demonstrate an advanced understanding of the theories of equality and the legal and practical challenges associated with changing behaviour and promoting equality.
2. Demonstrate an advanced capacity to analyse and research complex situations and apply the legislation and theories to them.
3. Demonstrate an advanced capacity to read analytically and understand complex cases focusing on statutory interpretation.
4. Demonstrate an advanced capacity to identify legal issues, adduce relevant legal principles and rules and apply these to hypothetical problems based on federal and state equal opportunity law.
5. Demonstrate an advance capacity to prepare and present cogent and nuanced arguments, both orally and in writing.
Content
The topics in this course include the following:
- Theoretical framework and historical development of equal opportunity protection in Australia
- How Australia's anti-discrimination legislation compares with that of other countries
- Constitutional considerations
- Proving direct and indirect unlawful discrimination
- Sex discriminational
- Racial Discrimination
- Disability Discrimination
- Age Discrimination
- Unlawful Sexual Harassment
- Unlawful Vilification Laws
- Alternative approaches
Requisite
Students must be active in one of the following programs to enrol in this course:
- Master of Human Resource Law [40140]
- Juris Doctor/Graduate Diploma in Legal Practice (JD) [12334]
- Bachelor of Arts / Bachelor of Laws (Honours) [12340]
- Bachelor of Social Science / Bachelor of Laws (Honours) [12341]
- Bachelor of Communication / Bachelor of Laws (Honours) [12342]
- Bachelor of Aboriginal Professional Practice / Bachelor of Laws(Honours) [12343]
- Bachelor of Science / Bachelor of Laws (Honours) [12346]
- Bachelor of Laws (Honours) / Diploma of Legal Practice [12347]
- Bachelor of Laws (Honours) [12348]
- Bachelor of Business/Bachelor of Laws (Honours) [40036]
- Bachelor of Commerce/Bachelor of Laws (Honours) [40037]
- Bachelor of Innovation and Entrepreneurship/Bachelor of Laws (Honours) [40129]
- Bachelor of Development Studies/Bachelor of Laws (Honours) [40130]
- Bachelor of Arts/Bachelor of Laws (Honours) [40150]
- Bachelor of Global Indigenous Studies/Bachelor of Laws (Honours) [40188]
- Bachelor of Science/Bachelor of Laws (Honours) [40189]
- Bachelor of Criminology/Bachelor of Laws (Honours) [40272].
- Juris Doctor [50016]
.
Assumed knowledge
LAWS6000 Legal System and Method I, and LAWS6001 Legal System and Method IILAWS6002A Torts Part A, or LAWS6120 Torts ILAWS6002B Torts Part B, or LAWS6121 Torts IILAWS6003A & LAWS6003B Criminal Law & Procedure Part A & B, or LAWS6130 Criminal Law & ProcedureLAWS6004A Contracts Part A, or LAWS6140 Contracts ILAWS6004B Contracts Part B, or LAWS6141 Contracts II
Assessment items
Presentation: Group Presentation and Participation
Written Assignment: Reflective Task
In Term Test: Take Home Examination
Participation: Participation
Contact hours
Semester 2 - 2024 - Newcastle City Precinct
Seminar-1
- Face to Face On Campus 3 hour(s) per week(s) for 13 week(s) starting in week 1
- Face to face on campus in intensive mode 7 x 3 hour seminar or workshop sessions.
Course outline
Course outline not yet available.
The University of Newcastle acknowledges the traditional custodians of the lands within our footprint areas: Awabakal, Darkinjung, Biripai, Worimi, Wonnarua, and Eora Nations. We also pay respect to the wisdom of our Elders past and present.