Australian Anti-Discrimination Law

Neil Rees, Katherine Lindsay, Simon Rice (Autoren)

Buch | Softcover

720 Seiten

2008
Federation Press (Verlag)
978-1-86287-661-3 (ISBN)

Infos

This is the first cases and materials book in the field of Australian anti-discrimination law. The book, which deals with all Australian jurisdictions, contains a detailed analysis of Australian anti-discrimination law as well as extracts from all of the major cases and the writings of leading commentators. All of the major grounds of unlawful discrimination, such as race, sex and disability, are considered in detail. The book records the history of the major pieces of anti-discrimination legislation and it includes numerous suggestions for reform. While the book deals systematically and critically with all aspect of anti-discrimination law, such as grounds, areas of activity, exceptions, procedure, and remedies, it also contains extensive materials dealing with the policy goals of the law. The central chapter in the book is devoted to the concept of unlawful discrimination. All of the major High Court decisions concerning the notions of direct and indirect discrimination are extracted, explained and analysed. The chapter also contains a useful overview of the international history of these concepts, with references to leading US and UK cases. The book will be of interest to practitioners as well as students, especially as there are comprehensive chapters in the areas of procedure and remedies. Each chapter contains problems for students.

Inhalt

Australian anti-discrimination law: an overview The legislative schemes Enforcement of the law Judicial responses to the law The structure of the book Policy goals of Australian anti-discrimination law A brief history of Australian anti-discrimination law Statements by legislators Statements by the judiciary Some selected commentators The impact of the Australian Constitution on anti-discrimination law Constitutional Protection from Unlawful Discrimination? Constitutional validity of Commonwealth Anti-discrimination Laws Limited Application Provisions Crown Immunity and Commonwealth Anti-discrimination Laws Chapter III and the validity of procedural mechanisms. Constitutional Regulation of Inconsistency Discrimination and the Constitution Implied Constitutional freedoms Further reading The concept of unlawful discrimination The concept of direct discrimination The concept of indirect discrimination Problems of proof Some reform options Problems for students Grounds of unlawful discrimination Race Sex Disability Age Family/carer's responsibility Other grounds Areas of unlawful discrimination Work Goods, services and facilities Education Other areas Defences, exceptions and exemptions An overview of the exceptions to the legislation 'Special measures' The defence of statutory authority Temporary individual exemptions Problems for students Sexual harassment The legal meaning of 'sexual harassment' The relationships in which sexual harassment is unlawful Sexual harassment as sex discrimination Attributed (vicarious) liability for sexual harassment Complaints of sexual harassment Harassment on other grounds Problems for students Vilification Policy considerations Commonwealth racial hatred legislation State and Territory racial vilification legislation Religious vilification legislation Sexuality and gender identity vilification legislation Other vilification legislation Procedure and remedies Problems for students Procedure Remedies

Produkt-Details

• Erscheint lt. Verlag: 1.8.2008
• Verlagsort: Annandale, NSW
• Sprache: englisch
• Gewicht: 1028 g
• Themenwelt: Recht / Steuern ► EU / Internationales Recht
• ISBN-10: 1-86287-661-4 / 1862876614
• ISBN-13: 978-1-86287-661-3 / 9781862876613
• Zustand: Neuware