Accessing justice in the discrimination context
Reading : Gaze, Beth & Hunter, Rosemary. “Access to justice for discrimination complainants: Courts and legal representation” (2009) University of New South Wales Law Journal, 32(3), pp 699-724
(available on e-reserve)
In this tutorial we will be considered the means available to those that experience discrimination to seek redress through the complaints process, and the impediments that exist to pursuing a complaint. The above article provides background information on these issues. [unique_solution]
Tutorial Exercises
- We will use specific case examples (such as the cases referred to in lectures and extracted in the textbook) to try and assess reasons why a particular complaint of discrimination progressed as it did through the system. Before you come to the tutorial you should identify a significant case that you could analyse and you should be familiar with the facts of the case. We will use the sheet of questions provided (see next page) to do group work on a case. You do not need to complete the sheet before you come to class as you will be working in groups allocated at the start of the tutorial.
- We will also look at whether different considerations apply to complaints that focus on the treatment of an individual, as opposed to those that have a more systemic focus. On the latter point, we will listen to an Australian Human Rights Commission Podcast on lodging complaints to bring about systemic change and discuss.
Questions Tutorial 3
Group No:
Names:
Case Discussed:
Questions to answer:
- What impediments, if any, do you think may have existed for the complainant in even taking the first step to lodge a complaint?
- What barriers then arose once the complaint had been made?
- Do you think the complainant received any support or assistance?
- Why didn’t ADR settle the matter?
- Were there any advantages to having the matter litigated?