Units

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Sample subject outline - Semester 1 2013

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

This unit forms a contemporary adjunct to the existing laws of civil wrongs. As anti-discrimination law and equal opportunity law is assuming an increasing importance in relation to the laws which govern the employment relationship, especially in the areas of dismissal, recruitment and promotion, it is of broad interest not only to law students, but also to human resource managers, employers and trade union officials. As part of its analysis of the social context of discrimination, vilification and harassment it introduces students to the domestic application of international human rights standards.

Aims

The aim of this unit is to provide you with an understanding of the legal, social and policy context of equal opportunity and anti-discrimination law in Australia and to foster an enthusiasm for the principle of equality and a sense of community rights and responsibilities.

Objectives

At the completion of this unit, you should be able to demonstrate:
1. an appreciation of the social and political factors, including Australia's obligations under international human rights conventions, which influence the development of anti-discrimination and equal opportunity law in Australia; and
2. legal research and written communication skills in the context of a research assignment;
and that you:
3. possess coherent, extensive, theoretical and practical knowledge in the discipline;
4. can, by means of legal analysis, critical thinking and problem-solving, confidently convey this knowledge to others; and
5. can critically reflect on the revolutionary nature of discrimination and equal opportunity law as an agent for regulating public interpersonal relationships.

Content

This unit will cover a series of key and contentious issues especially focussing on anti-discrimination law and its exemptions, and equal opportunity policies in the areas of industrial relations, human resource management, employment law, education and the provision of goods and services. Topics covered include:
1. international human rights conventions;
2. concepts of equity, equality, equal opportunity and affirmative action;
3. the social and political context of discrimination and equal opportunity law;
4. discrimination on the grounds of disability, gender, pregnancy, family responsibilities, relationship status, sexuality, race (including Indigenous perspectives), age, religion, political belief or activity and trade union activity;
5. sexual harassment;
6. vilification on the grounds of race, religion, sexuality and gender identity;
7. vicarious liability of an employer for unlawful discrimination, harassment and vilification; and
8. victimisation, process of complaint, remedies.

Skills
In this unit you will further develop the following skills (explicitly and implicitly):
1. Problem solving;
2. Critical thinking and legal analysis, including giving practical advice to clients;
3. Ethical orientation /reflective practice;
4. Inclusive perspective in relation to gender, culture, Indigenous and socio-economic perspectives;
5. The ability to work independently/ time management.

Graduate Capabilities
Your understanding of the unit content and the development of these skills will assist you to acquire the following law graduate capabilities:
1. Discipline Knowledge;
2. Problem Solving, Reasoning and Research;
3. Effective Communication, in particular writing a submission to government or other agencies;
4. Life Long Learning;
5. Work Independently and Collaboratively;
6. Professional, Social and Ethical Responsibility;
7. Characteristics of Self-Reliance and Leadership.

Approaches to Teaching and Learning

The teaching and learning strategy for Discrimination and Equal Opportunity Law comprises a lectorial forum in which the various legal concepts are canvassed, and case problems, current issues and approaches to problem solving are analysed. All lectures in units offered during the semester will be audio-streamed. Internal students should understand that these streamed resources, while intended to be of benefit as an education tool, are not intended to be a substitute for physical attendance at lectures or lectorials. The lectorial is not intended as the primary source of material for your studies of anti-discrimination and equal opportunity law. This function is achieved by your own study within the framework of the Study Guide.

The submission to government, the materials and lectorial questions are designed to help you think about the issues of discrimination and equality. However given the contemporary and controversial nature of the issues you may like to supplement your study materials with recent case studies from the media. Therefore you are invited to contribute any further current issues or commentary on examples from the media which can be discussed in the group forum.


External Attendance School
There is no external attendance school in this unit.

Assessment

In this unit there is both formative assessment (to receive feedback on your learning) and summative assessment (to receive feedback and a mark).Problem-solving exercises and discussions
As part of lectorial sessions, and as a student contributing commentary on current issues and media reports, you will have the opportunity to analyse the dynamic nature of the law and its efficacy in changing society's values (Learning outcomes 4 and 5). You will receive feedback on both your oral and written contributions.

Assessment name: Assignment
Description: The assignment will take the form of a submission to government or other agency. Comprehensive written and oral feedback will be provided on your legal research and written communication (Learning outcome 2). The assignment will require you to analyse current legal issues relating to discrimination and equal opportunity law (Learning outcomes 1-5) and to critically reflect on the revolutionary nature of this area of law as an agent for regulating public interpersonal relationships (Learning outcome 5). Words in excess of the word limit will not be read and will not be taken into account in awarding a mark for this item of assessment.

Students may choose to complete the assignment individually or in groups of 2 or 3. There will be a separate range of topics available for each option.

Word limit: 2500 words (individual submissions); 4000 words (groups).
Relates to objectives: 1-5
Weight: 40%
Internal or external: Both
Group or individual: Individual
Due date: Week 7

Assessment name: Examination
Description: The exam is designed to assess the extent to which you have attained a broad knowledge and understanding of anti-discrimination and equal opportunity law (Learning outcomes 1 and 3), an appreciation of the dynamic nature of the law (Learning outcome 5), the acquisition and application of legal problem-solving and critical thinking (Learning outcome 4), and practical knowledge of the jurisdictions (Learning outcome 3). It is an open-book exam. You will be required to attempt 2 questions out of 3. There will be no compulsory question.
Relates to objectives: 1, 3 & 4.
Weight: 60%
Internal or external: Both
Group or individual: Individual
Due date: Central Exam Period

Academic Honesty

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

Prescribed Legislation

Anti-Discrimination Act 1991 (Qld) (ADA)
Racial Discrimination Act 1975 (Cth) (RDA)
Sex Discrimination Act 1984 (Cth) (SDA)
Australian Human Rights Commission Act 1986 (Cth) (AHRCA)
Disability Discrimination Act 1992 (Cth) (DDA)
Age Discrimination Act 2004 (Cth) (Age Act)
Queensland legislation is available on-line at the website of the Office of the Queensland Parliamentary Counsel

Federal legislation is available on-line at ComLaw

The legislation is also available through the CCH Australia, Australian and New Zealand Equal Opportunity Law and Practice, which is available on-line for students.

You must obtain a copy of the Anti-Discrimination Act and bring it to classes. Cases and the federal legislation will be referred to in the Study Guide, lectorials, and on the Blackboard site.



Recommended References
N Rees, K Lindsay, and S Rice Australian Anti-Discrimination Law: Text, Cases and Materials, Federation Press 2008.
Chris Ronalds and Elizabeth Raper, Discrimination Law and Practice (Federation Press, Sydney: 4th ed, 2012.
CCH Australia, Australian and New Zealand Equal Opportunity Law and Practice is available on-line to students in the CCH database. It provides case reports (often summaries or extracts only) and commentary as well as the legislation.

Blackboard site
Online resources for this unit are available on the unit Blackboard site.

Risk assessment statement

There are no out of the ordinary risks associated with this unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 11-Oct-2012