Should permanent exemptions/ exceptions remain part of federal anti-discrimination laws or should there be a different approach with a general justification clause requiring a case by case determination?

Updated Instructions for Research Essay

Instructions:

This task requires students to engage in in-depth research and reading from a wide range of sources, from which they are required to develop well-supported arguments in essay form on the topic.  In writing the essay, students should demonstrate their ability to critically analyze the core issues raised by the topic, as well as an understanding of the context, relevant case law, and the broader public policy issues involved.

Topics:

1. The growth of new technologies gives rise to the potential for discriminatory treatment to occur in new and varied ways. One of the challenges this presents is whether anti-discrimination laws are appropriated framed to address these forms of discrimination.  Examine the way in which artificial intelligence and emerging technologies can contribute to forms of discriminatory treatment and consider whether the way federal anti-discrimination laws operate on the basis of individual complaints about certain types of conduct in specific areas and in relation to specific attributes is the best model for address the discriminatory treatment.
2. The scope of Australian anti-discrimination laws is qualified by the existence of permanent exemptions (sometimes called exceptions) written into the legislation.   Should permanent exemptions/ exceptions remain part of federal anti-discrimination laws or should there be a different approach with a general justification clause requiring a case by case determination?
3. Should section 42 of the Sex Discrimination Act 1984 (Cth) be reframed to better cater for the situation of transgender athletes?
4. Remedies under anti-discrimination laws have been criticized as undervaluing the harm that victims experience as a consequence of discrimination, harassment and vilification, as well as failing to promote systemic change.  Assess the role that the awarding of non-compensatory damages, such as aggravated or exemplary damages could make to the efficacy of Australian anti-discrimination laws.
5. Choice of own topic: If you do not want to do a topic from the above list, you may select your own topic. You are encouraged to pursue your own interests in selecting a topic, as long as it relates to the subject matter of this unit. If you choose your own topic you must send a proposal outlining your research topic to the unit convener through iLearn.  Please note that you should have done some reading in advance of choosing your own topic, so as to be able to define and refine the particular area of research.  The proposal for a research topic should be in the form of a short descriptive outline of your research topic and the scope of your topic( for eg two or three paragraphs).   In addition, you need to include the bibliographic details of 3 sources that you have consulted in formulating your topic.

Formatting:

There are specific formatting requirements for this assessment task.

• It is to be no more than 2000 words.  Any words beyond this limit will not be read by the markers.
• It must include a bibliography.
• Footnotes and the bibliography are not included in the word count.
•  It is to be fully referenced in accordance with the Australian Guide to Legal Citation.
• The use of headings is permitted and encouraged.