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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 United States and United Kingdom 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. CONTENTSAustralian anti-discrimination law: an overviewPolicy goals of Australian anti-discrimination lawThe impact of the Australian Constitution on anti-discrimination lawThe concept of unlawful discriminationGrounds of unlawful discriminationAreas of unlawful discriminationDefences, exceptions and exemptionsSexual harassmentVilificationProcedureRemediesREVIEWS...the real strength of this book is in the perceptive and insightful commentary bringing together the cases and materials extracted in it...the book is primarily devised as a teaching tool as it appears from the questions posed at the end of each chapter. The questions are designed in such a way as to challenge the reader to think about the contents of the substantive part of the book and service to highlight the complexity of anti-discrimination law that protect many classes, some of whose interest may not merge.Human Rights Law Review, 9:4(2009), 691-698 Every day, governments, private companies and individuals must navigate the shoals of discrimination law. They must grapple with issues for which there is no clear answer and disputes in which both sides are understandable; often institutions and individuals will have little or no idea of their positive or negative obligations to others.Law Institute Journal of Victoria, July 2009 This book, which honours the best traditions of its genre, provides, within an appropriate conceptual framework, careful selection of extracts from cases and other pertinent materials and, importantly, incisive textual analysis. Whilst providing a cogent critique of the current law, the authors have kept their feet firmly on the ground. The result is an authoritative analysis based on the very considerable practical and academic experience of its authors. Under the leadership of Professor Neil Rees, and subsequently Simon Rice, Kingsford Legal Centre developed in the early 1980s a specialist practice in anti-discrimination law, providing the skill and experience to mount many of the early groundbreaking cases. Professor Rees continued his work in the area after moving to the University of Newcastle, where he collaborated with Katherine Lindsay. Together, they have established an immensely valuable resource covering the full spectrum of anti-discrimination law in Australia.From the Foreword by John Basten, Judge of Appeal, Supreme Court of New South Wales SUPPLEMENTSForeword by John Basten, Judge of Appeal, Supreme Court of New South Wales
This supplement is in PDF Format see below for instructions regarding PDF. PDF FILESTo view PDF files you will require the Adobe Reader - free software for viewing and printing Adobe Portable Document Format (PDF) files - which can be downloaded from the Adobe Web Site. The following link will take you to the Adobe website. Click here to download the viewer if you do not have it.
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Published 19 June 2008
Law - Human Rights
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