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The current and official versions of the course specifications are available on the web at .
Please consult the web for updates that may occur during the year.

LAW3405 Human Rights and Anti-Discrimination Law

Semester 3, 2020 Online
Short Description: Human Rights&Anti-Discrim Law
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Student contribution band : Band 3
ASCED code : 090900 - Law
Grading basis : Graded

Staffing

Examiner:

Requisites

Pre-requisite: (HIS1115 or LAW1202 or LAW1114 or HIS5115 or LAW5502 or LAW5114) and (LAW3423 or LAW1121 or LAW5606 or LAW5121)

Other requisites

Students are required to have access to a personal computer, e-mail capabilities and
Internet access to UConnect. Current details of computer requirements can be found at .

Rationale

This course is designed to develop students’ knowledge of human rights and anti-discrimination law in federal and Queensland jurisdictions. The course encourages students to apply critical thinking skills to evaluate complex legal problems and identify solutions drawn from relevant federal and Queensland legislation and case law, informed by international human rights law and developments. This is an elective Law course and completion of the course is not required for admission as a legal practitioner.

Synopsis

This is a course on international human rights law and Australian human rights and anti-discrimination law. Students will examine international human rights treaties, institutions and procedures and the incorporation of Australia's human rights obligations into domestic law, before turning to Commonwealth and Queensland human rights and anti-discrimination legislation. Students will review the human rights protected under the Human Rights Act 2019 (Qld) and procedures to protect those rights, including public entity obligations. The course will cover grounds and procedures for lodging complaints about a human rights breach or unlawful discrimination, noting the functions of the Australian Human Rights Commission, Federal Courts, the Queensland Human Rights Commission and the Queensland Civil and Administrative Tribunal.

This course is designed to equip students with the necessary skills and knowledge to recognise when a human rights breach or unlawful discrimination has occurred, understand the relevant laws and procedures and identify appropriate remedies.

Objectives

On successful completion of this course, students should be able to:

  1. Demonstrate an understanding [explain and apply] of a coherent body of knowledge [relevant to human rights and anti-discrimination law], and underlying principles and concepts [including political and social contexts]; and the broader contexts within which legal issues arise [in this area] (PO1/TLO1).
  2. Identify and articulate legal issues [relevant to human rights and anti-discrimination law]; [comprehend legal and other materials]; apply legal reasoning and research to generate appropriate responses to legal issues; engage in critical analysis and make a reasoned choice amongst alternatives; and think creatively in approaching legal issues and generating appropriate responses (PO3/TLO3).
  3. Demonstrate the intellectual and practical skills needed to identify, research in an ethical manner, evaluate and synthesise factual, legal and policy issues [relevant to human rights and anti-discrimination law] (PO4/TLO4).
  4. Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).
  5. Identify applicable legislation and delegated legislation, explain general principles of statutory interpretation, understand [explain and apply] and make appropriate use of authorised aids to statutory interpretation, and deploy appropriate techniques in the course of solving interpretative problems [including problems raising special interpretative issues; and give a reasoned opinion as to the appropriate meaning of a legislative provision, and as to the correct application of the provision to a given set of facts] (PO7).

Topics

Description Weighting(%)
1. International human rights law: international organisations, treaties, complaint-handling procedures and protections; emerging human rights 10.00
2. The relationship between international and domestic law; human rights in Australian law 10.00
3. Human rights law in Queensland. 20.00
4. Protected attributes and exceptions under anti-discrimination law 30.00
5. Areas of unlawful discrimination 10.00
6. Sexual harassment and anti-vilification 10.00
7. Complaint-handling procedures and remedies 10.00

Text and materials required to be purchased or accessed

ALL textbooks and materials available to be purchased can be sourced from (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2020&sem=03&subject1=LAW3405)

Please for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)

Rees, N, Rice, S & Allen, D 2018, Australian anti-discrimination law and equal opportunity law, 3rd edn, Federation Press, Leichhardt, New South Wales.
Legislation: ‘Age Discrimination Act 2004’ (Cth); ‘Australian Human Rights Commission Act 1986’ (Cth); ‘Disability Discrimination Act 1992’ (Cth); ‘Racial Discrimination Act 1975’ (Cth); ‘Sex Discrimination Act 1984’ (Cth); Human Rights Act 2019 (Qld) and ‘Anti-Discrimination Act 1991’ (Qld).
Treaties (available online at www.ohchr.org or www.un.org): ‘Universal Declaration of Human Rights’, 10 December 1948, UNGA Res 217A (III); ‘International Convention on the Elimination of all Forms of Racial Discrimination’, opened for signature 7 March 1966, 660 UNTS 195 (entered into force 4 January 1969); ‘International Covenant on Civil and Political Rights’, opened for signature 19 December 1966, 999 UNTS 171 (entered into force 23 March 1976); ‘Optional Protocol to the International Covenant on Civil and Political Rights’, opened for signature 19 December 1966, 999 UNTS 302 (entered into force 23 March 1976); ‘International Covenant on Economic, Social and Cultural Rights’, opened for signature 19 December 1966, 993 UNTS 3 (entered into force 3 January 1976); ‘Convention on the Elimination of all Forms of Discrimination Against Women’, opened for signature 18 December 1979, 1249 UNTS 13 (entered into force 3 September 1981).

Reference materials

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.
Bailey, P 2012, Human rights law, Thomson Reuters, Pyrmont, New South Wales.
Flynn, M, Garkawe, S & Holt, Y 2011, Human rights: treaties, statutes and cases, LexisNexis Butterworths, Chatswood, New South Wales.
Ronalds, C & Raper, E 2019, Discrimination law and practice, 5th edn, Federation Press, Leichhardt, New South Wales.
Williams, G 2018, A charter of rights for Australia, 4th edn, ¾«¶«´«Ã½app of New South Wales Press, Sydney, New South Wales.

Student workload expectations

Activity Hours
Assessments 30.00
Directed ¾«¶«´«Ã½app 86.00
Private ¾«¶«´«Ã½app 49.00

Assessment details

Description Marks out of Wtg (%) Due Date Notes
ASSIGNMENT 40 40 21 Dec 2020
ONLINE EXAMINATION 60 60 End S3 (see note 1)

Notes
  1. This will be an online exam. Students will be provided further instruction regarding the exam by their course examiner via ¾«¶«´«Ã½appDesk.

Important assessment information

  1. Attendance requirements:
    Online: There are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.

    On-campus: It is the students' responsibility to attend and participate appropriately in all activities (such as lectures, tutorials, laboratories and practical work) scheduled for them, and to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.

  2. Requirements for students to complete each assessment item satisfactorily:
    Due to COVID-19 the requirements for S3 2020 are:
    To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks for that item.

    Requirements after S3, 2020:
    To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.)

  3. Penalties for late submission of required work:
    Students should refer to the Assessment Procedure (point 4.2.4)

  4. Requirements for student to be awarded a passing grade in the course:
    Due to COVID-19 the requirements for S3 2020 are:
    To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.

    Requirements after S3, 2020:
    To be assured of receiving a passing grade a student must obtain at least 50% of the total weighted marks available for the course.

    Supplementary assessment may be offered where a student has undertaken all of the required summative assessment items but failed to achieve a passing Final Grade by 5% or less of the total weighted Marks.

    To be awarded a passing grade for a supplementary assessment item (if applicable), a student must achieve at least 50% of the available marks for the supplementary assessment item as per the Assessment Procedure (point 4.4.2).


  5. Method used to combine assessment results to attain final grade:
    The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course.

  6. Examination information:
    Due to COVID-19 the requirements for S3 2020 are:
    An Open Examination is one in which candidates may have access to any printed or written material and a calculator during the examination.

    Requirements after S3, 2020:
    This will be an open examination. Candidates may have access to any printed or written material during the examination.

  7. Examination period when Deferred/Supplementary examinations will be held:
    Due to COVID-19 the requirements for S3 2020 are:
    The details regarding deferred/supplementary examinations will be communicated at a later date.

    Requirements after S3, 2020:
    Any Deferred or Supplementary examinations for this course will be held during the next examination period.

  8. ¾«¶«´«Ã½app Student Policies:
    Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene ¾«¶«´«Ã½app policies and practices. These policies can be found at .

Assessment notes

  1. Referencing in assignments:
    Students studying this course must use the Australian Guide to Legal Citation (AGLC) style. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at or contact the Law librarian.

Date printed 12 February 2021