Areas of Prohibition
Discrimination is ordinarily prohibited only in certain areas. The most prominent of these are education, employment, and goods and services.
Education
Alicia Steele, Robin Banks & Winnifred R Louis, Investigating the experiences of students with disability at the University of Queensland: Report of survey conducted April to July 2022 by the University of Queensland Union (University of Queensland Union, 2022) (https://osf.io/mcbn8)
Anne Hewitt, 'Is Legislation Governing Tertiary Work Experience Effective? Exploring the Regulatory Role Played by Australian Universities' (2022) 50(1) Federal Law Review 62
Anne Hewitt & Laura Grenfell, 'A call for regulatory reform to make work experience accessible rather than an obstacle' (2022) 47(4) Alternative Law Journal 301
Anne Hewitt, 'Universities as internship regulators: Evidence from Australia'. In A. Stewart, R. Owens, A. Hewitt, & N. O'Higgins (Eds.) (2021) Internships, Employability and the Search for Decent Work Experience (pp. 223-238).
Elizabeth Dickson, 'Supporting students with communication impairment in Australian schools: Administering the obligation to make reasonable adjustment' (2019) 43(1) Australasian Journal of Special and Inclusive Education 41.
Anne Hewitt, ‘Avoiding the trap of exploitative work: A national approach to making work-integrated learning effective, equitable and safe’ (2018) 31(2) Australian Journal of Labour Law 101.
Andrew Stewart, Rosemary Owens, Anne Hewitt & Irene Nikoloudakis. The regulation of internships: A comparative study (International Labour Organisation, 2018) (https://www.ilo.org/employment/Whatwedo/Publications/working-papers/WCMS_629777/lang--en/index.htm)
Anne Hewitt, Rosemary Owens and Andrew Stewart, ‘Mind the gap: Is the regulation of work-integrated learning in higher education working?’ (2018) 44 Monash University Law Review 234.
Karen O'Connell, 'Should We Take the "Disability" Out of Discrimination Laws? Students with Challenging Behaviour and the Definition of Disability' (2017) 35(2) Law in Context 108.
Karen O'Connell, 'Unequal Brains: Disability Discrimination Law and Children with Challenging Behaviour' (2016) 24(1) Medical Law Review 76.
Cristy Clark, 'Anti-discrimination law exemptions don’t strike the right balance between rights and freedoms', The Conversation (online at 30 June 2016)
Karen O'Connell, 'What are your rights if your child with a disability is denied a school place?', The Conversation (online at 29 January 2016)
Margaret Thornton, ‘The Mirage of Merit: Reconstituting the “Ideal Academic”’ (2013) 28(76) Australian Feminist Studies 127.
Carolyn Evans and Beth Gaze, 'Discrimination by Religious Schools: Views from the Coal Face' (2010) 34(2) Melbourne University Law Review 392.
Paul Harpur, 'Ensuring equality in education: how Australian laws are leaving students with print disabilities behind' (2010) 3(1) Media and Arts Law Review 46.
Margaret Thornton, ‘The Evisceration of EEO in Higher Education’ (2008) 50(2) Australian Universities Review 59.
Elizabeth Dickson, 'Disability Standards for Education and Reasonable Adjustment in the Tertiary Education Sector' (2007) 12(2) Australia and New Zealand Journal of Law & Education 25.
J Joy Cumming and Elizabeth Dickson, 'Equity in assessment: discrimination and disability issues from an Australian legal perspective' (2007) 19(3-4) Education and the Law 201.
Employment
Alysia Blackham, Reforming Age Discrimination Law: Beyond Individual Enforcement (Oxford University Press, 2022).
Andrew Stewart, Rosemary Owens, Anne Hewitt & Niall O’Higgins (eds), Internships, Employability and the Search for Decent Work Experience, ILO and Edward Elgar (2021)
Alysia Blackham, ‘Why Do Employment Age Discrimination Cases Fail? An Analysis of Australian Case Law’ (2020) 42(1) Sydney Law Review 1–35.
Alysia Blackham, ‘Discrimination in a Pandemic’ on Pursuit (3 May 2020).
Alysia Blackham, ‘Women, Age Discrimination and Work’ on Pursuit (7 March 2020).
Alysia Blackham, ‘Challenging Discrimination in the Gig Economy’ on Pursuit (6 March 2019).
Belinda Smith, Melanie Schleiger and Liam Elphick, 'Preventing Sexual Harassment in Work: Exploring the Promise of Work Health and Safety Laws' (2019) 32(2) Australian Journal of Labour Law (forthcoming).
Andrew Stewart, Rosemary Owens, Anne Hewitt and Irene Nikoloudakis, The Regulation of Internships: A Comparative Study, International Labour Organisation Employment Working Paper No. 240, Geneva, Switzerland, 2018, pp 1-118
Alysia Blackham, ‘“We are all Entrepreneurs Now”: Options and New Approaches for Adapting Equality Law for the “Gig Economy’ (2018) 34(4) International Journal of Comparative Labour Law and Industrial Relations 413.
Anne Hewitt, Rosemary Owens, Andrew Stewart and Joanna Howe, ‘At the Intersection of Education and Work: Young People, Equality and the Regulation of the Labour Market’ in John Howe, Anna Chapman and Ingrid Landau (eds) The Evolving Project of Labour Law: A Workshop to Celebrate 21 years of the Centre for Employment and Labour Relations Law, The Federation Press, Sydney, 2017, pp 102-116.
Rosemary Owens, Andrew Stewart, Anne Hewitt and Joanna Howe ‘Labour Regulation, Work Experience and Youth: Lessons from the Scholarship of Ann Numhauser-Henning’ in Mia Romnar and Jenny Julen-Votinius (eds), Festskrift till Ann Numhauser-Henning, Juristförlaget i Lund, Sweden, 2017, pp 643-659.
Belinda Smith and Monica Hayes, 'Using data to drive gender equality in employment: more power to the people?' (2015) 28(3) Australian Journal of Labour Law 191.
Belinda Smith and Alice Orchiston, 'Domestic Violence Victims at Work: A Role for Anti-Discrimination Law?' (2012) 25(3) Australian Journal of Labour Law 209.
Belinda Smith, 'What kind of equality can we expect from the Fair Work Act?' (2011) 35(2) Melbourne University Law Review 545.
Simon Rice and Cameron Roles, '"It's a Discrimination Law Julia, But Not As We Know It": Part 3-1 of the Fair Work Act' (2010) 21(1) The Economic Labour Relations Review 13.
Belinda Smith, 'Fair and Equal in the world of work: two significant federal developments in Australian discrimination Law' (2010) 23(3) Australian Journal of Labour Law 199.
Margaret Thornton, 'Sex Discrimination, Courts and Corporate Power’ (2008) 36(1) Federal Law Review 31.
Robin Banks & Michael Small, A Place for All: A Guide to Creating an Inclusive Workplace (Canadian Human Rights Commission and Minister of Public Works and Government Services, 2001)
Goods and Services
Liam Elphick and Luke Beck, 'America's "gay wedding cake" court decision and what it means for Australia', ABC News (online at 10 June 2018).
Health and equality
Robin Banks, 'Australia's Human Rights Challenges in the Face of COVID-19' in Paula Gerber and Melissa Castan (eds), Contemporary Perspectives on Human Rights Law in Australia, vol 2 (Thomson Reuters, 2nd ed, 2022) 17–.62.
Sport
Kate Seear and Liam Elphick, 'Human Rights, Gender and Sport: Lessons from Australian Rules Football' in Paula Gerber and Melissa Castan (eds), Contemporary Perspectives on Human Rights Law in Australia, vol 2 (Thomson Reuters, 2nd ed, 2022) 439–.64.
Ben Koh, Daryl Adair and Liam Elphick, ‘Not by Gender, Not by Sex, But by Testosterone Saith the IAAF: International Athletics and the New Female Eligibility Regulations’ (2018) Law In Sport Journal.