Students
LAWS511 – Discrimination and the Law
2018 – S1 Day
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Associate Professor
Therese MacDermott
Contact via Ilearn
W3A -520
Thursday 1-2
Tatiana Lozano
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| Credit points |
Credit points
3
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| Prerequisites |
Prerequisites
(24cp in LAW or LAWS units) or LAWS260
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| Corequisites |
Corequisites
(39cp at 100 level or above including (CUL321 or GEN320 or LAW314 or LAW315 or LAWS398 or LAWS399 or PHL351 or PHL352 or SOC325 or SOC329 or SOC350))
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| Co-badged status |
Co-badged status
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| Unit description |
Unit description
This unit aims to give students a grounding in both the theoretical and practical application of Australia's existing anti-discrimination regulatory framework. The unit introduces students to critical debates regarding what is discrimination, what anti-discrimination legislation is designed to achieve, and how best can law address inequality and discrimination. The unit also examines the legal form in which discrimination is regulated. It requires students to come to terms with the legal concepts of direct and indirect discrimination, the construction of the various grounds of discrimination, the application of the prohibitions in specified contexts, as well as defences and exemptions that apply.
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Important Academic Dates
Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
Learning Outcomes
On successful completion of this unit, you will be able to:
- Analyse and critique the role of law in addressing inequality and discrimination
- Contrast different theoretical approaches to equality and non-discrimination
- Explain what is unlawful discrimination and how a complaint might be made within the current regulatory framework
- Describe and critique the existing institutional arrangements for pursuing discrimination complaints and ability to critique those arrangements
- Locate and analyse primary and secondary materials in the area of equality and discrimination
- Critique current reform options
General Assessment Information
Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – two (2) marks out of 100 will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted more than seven (7) days (incl. weekends) after the original submission deadline. No late submissions will be accepted for timed assessments – e.g. quizzes, online tests
Word limits will be strictly applied and work above the word limit will not be marked.
All assessments in the unit are to be submitted electronically. Plagiarism detection software is used in this unit.
Moderation: Detailed marking rubrics will be made available on iLearn and all Fail papers are double marked.
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| Class participation | 15% | No | Ongoing |
| Research paper | 45% | No | 7/5/18 5pm |
| Short on-line exam | 40% | No | 20/6/18 |
Class participation
Due: Ongoing
Weighting: 15%
You are required to attend and participate in the tutorials and on campus session, and the role plays, discussions, debates and any other activities undertaken. Tutors will engage in ongoing assessment of student participation.
Students are expected to attend all turorials or the complete program for the on campus session. Attendance will be recorded at all tutorials and all sessions of the on campus program.
On successful completion you will be able to:
- Analyse and critique the role of law in addressing inequality and discrimination
- Contrast different theoretical approaches to equality and non-discrimination
- Explain what is unlawful discrimination and how a complaint might be made within the current regulatory framework
- Describe and critique the existing institutional arrangements for pursuing discrimination complaints and ability to critique those arrangements
Research paper
Due: 7/5/18 5pm
Weighting: 45%
This piece of assessment requires students to write an essay of 2000 words based on one of the topics provided, or on a topic of their own choice.
On line submission via iLearn no later than 5pm 7/5/18
Detail instructions regarding the assessment task will be made available via ilearn.
This assessment requires adherence to AGLC
Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – two (2) marks out of 100 will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted more than seven (7) days (incl. weekends) after the original submission deadline.
On successful completion you will be able to:
- Analyse and critique the role of law in addressing inequality and discrimination
- Contrast different theoretical approaches to equality and non-discrimination
- Locate and analyse primary and secondary materials in the area of equality and discrimination
- Critique current reform options
Short on-line exam
Due: 20/6/18
Weighting: 40%
The exam questions will be made available on ilearn on 20/6/18 and the answers to this exam are to be submitted electronically on the same day via iLearn.
Detail instructions regarding the time frame and format of the exam will be made available via ilearn.
This is a timed assessment and no late submissions will be accepted
On successful completion you will be able to:
- Analyse and critique the role of law in addressing inequality and discrimination
- Contrast different theoretical approaches to equality and non-discrimination
- Describe and critique the existing institutional arrangements for pursuing discrimination complaints and ability to critique those arrangements
- Critique current reform options
Delivery and Resources
Required text:
Neil Rees, Simon Rice, Dominique Allen (2018) Australian Anti-Discrimination and Equal Opportunity Law.(3nd ed).
Classes
There is a weekly two hour lecture and a one hour tutorial. There is a complusory two days on campus session for external students
Technology Used and Required
Additional content for this unit is delivered online via iLearn
Assessments are all submitted online via iLearn
Students require regular and reliable internet access
Unit Schedule
Week 1 Introduction
Week 2 Equality theory, international law and constitutional dimensions
Week 3 Direct Discrimination
Week 4 Indirect Discrimination
Week 5 Sex Discrimination
Week 6 Disability Discrimination
Week 7 Disability Discrimination + Age Discrimination
Week 8 Race discrimination
Week 9 Sexual orientation and gender identity discrimination
Week 10 Harassment
Week 11 Vilification
Week 12 Procedure + Remedies
Week 13 Overview
Policies and Procedures
Macquarie University policies and procedures are accessible from Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central). Students should be aware of the following policies in particular with regard to Learning and Teaching:
- Academic Appeals Policy
- Academic Integrity Policy
- Academic Progression Policy
- Assessment Policy
- Fitness to Practice Procedure
- Grade Appeal Policy
- Complaint Management Procedure for Students and Members of the Public
- Special Consideration Policy (Note: The Special Consideration Policy is effective from 4 December 2017 and replaces the Disruption to Studies Policy.)
Undergraduate students seeking more policy resources can visit the Student Policy Gateway (https://students.mq.edu.au/support/study/student-policy-gateway). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
If you would like to see all the policies relevant to Learning and Teaching visit Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central).
Student Code of Conduct
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/study/getting-started/student-conduct
Results
Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.
Student Support
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Student Services and Support
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
Student Enquiries
For all student enquiries, visit Student Connect at ask.mq.edu.au
IT Help
For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/.
When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.
Graduate Capabilities
Discipline Specific Knowledge and Skills
Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems.
This graduate capability is supported by:
Learning outcomes
- Contrast different theoretical approaches to equality and non-discrimination
- Describe and critique the existing institutional arrangements for pursuing discrimination complaints and ability to critique those arrangements
Assessment tasks
- Class participation
- Short on-line exam
Critical, Analytical and Integrative Thinking
We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise learning and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy.
This graduate capability is supported by:
Learning outcomes
- Analyse and critique the role of law in addressing inequality and discrimination
- Describe and critique the existing institutional arrangements for pursuing discrimination complaints and ability to critique those arrangements
- Locate and analyse primary and secondary materials in the area of equality and discrimination
- Critique current reform options
Assessment tasks
- Class participation
- Research paper
- Short on-line exam
Problem Solving and Research Capability
Our graduates should be capable of researching; of analysing, and interpreting and assessing data and information in various forms; of drawing connections across fields of knowledge; and they should be able to relate their knowledge to complex situations at work or in the world, in order to diagnose and solve problems. We want them to have the confidence to take the initiative in doing so, within an awareness of their own limitations.
This graduate capability is supported by:
Learning outcomes
- Analyse and critique the role of law in addressing inequality and discrimination
- Contrast different theoretical approaches to equality and non-discrimination
- Explain what is unlawful discrimination and how a complaint might be made within the current regulatory framework
- Locate and analyse primary and secondary materials in the area of equality and discrimination
- Critique current reform options
Assessment tasks
- Research paper
- Short on-line exam
Effective Communication
We want to develop in our students the ability to communicate and convey their views in forms effective with different audiences. We want our graduates to take with them the capability to read, listen, question, gather and evaluate information resources in a variety of formats, assess, write clearly, speak effectively, and to use visual communication and communication technologies as appropriate.
This graduate capability is supported by:
Learning outcomes
- Explain what is unlawful discrimination and how a complaint might be made within the current regulatory framework
- Critique current reform options
Assessment task
- Class participation
Socially and Environmentally Active and Responsible
We want our graduates to be aware of and have respect for self and others; to be able to work with others as a leader and a team player; to have a sense of connectedness with others and country; and to have a sense of mutual obligation. Our graduates should be informed and active participants in moving society towards sustainability.
This graduate capability is supported by:
Learning outcomes
- Explain what is unlawful discrimination and how a complaint might be made within the current regulatory framework
- Critique current reform options
Assessment task
- Research paper
Changes from Previous Offering
New text book prescribed