Module 2 - Task 1 – Notes and Questions from the Supervisor

For the first question: Assuming further legal action might be taken by Saskia what obvious legal options can she pursue?

Please do the following for me:

1. Assuming further legal action might be taken by Saskia what obvious legal options can she pursue?

Your task Insert your answer here

(a) Read the overview at: https://www.humanrights.gov.au/our- [Just need to identify names of Acts]
work/employers/quick-guide-australian-discrimination-laws and
identify the Commonwealth Act/s and the relevant State Act (The
Menzies campus is in Victoria) that may cover discrimination on the
basis of disability.

(b) Find the Equal Opportunity Act 2010 (Vic) [Insert the relevant section here. Answer the question in a few
http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubLaw sentences.]
Today.nsf/95c43dd4eac71a68ca256dde00056e7b/5fff7518579f72b0c
a257eb300217461!OpenDocument

Look at section 4. Definitions. Would Saskia’s paraplegia amount to

Saskia having a disability?
(c) What particular section of the Act prohibits discrimination of the [Identify the section of the Act]
attribute of disability?

(d) Look at Part 2 sections 8 and 9. Is Saskia’s matter more likely to be [Identify the section and say why in a sentence or two.]
direct or indirect discrimination?

(e) Now find the Disability Discrimination Act 1992 (Cth) (the DDA) [Identify the section.]
https://www.legislation.gov.au/Details/C2016C00763
Your task Insert your answer here

What does it say about ‘unjustifiable hardship’?

(f) A discrimination complaint can be made to either:

 Victorian Equal Opportunity and Human Rights Commission:
https://www.humanrightscommission.vic.gov.au/discrimination/ma [You may wish to research further afield. A few paragraphs on
king-a-complaint why there may be differences in outcomes between the two
or commissions.]
 Australian Human Rights Commission
https://www.humanrights.gov.au/complaints

Read the following Victoria Legal Aid webpage (as well as

comparing the above two websites) and decide which might be
the better commission to deal with this complaint and say why?

https://www.legalaid.vic.gov.au/find-legal-answers/discrimination-
harassment-and-bullying/making-complaint-about-
discrimination/complaints-to-human-rights-commissions

For the second question: What’s the best way of dealing with this matter in the first instance?
Please do the following for me:

2. What’s the best way of dealing with this matter in the first instance?

Your task Insert your answer here

Menzies University is a fictional University so we can’t identify their
special consideration policy on the web (sometimes policies reside in the
[A few paragraphs or number of bullet points documenting what
student portal). That is where you would look first. Particularly find
you think would be the best strategy, explaining why].
relevant clauses that might be worth pointing out to the University as to
their obligations. Some Universities do often require special
consideration within 3 working days of a scheduled exam.
 For the sake of the virtual internship, I noticed the following two clauses
in Menzies Special Consideration Policy:
1.7 Any application for special consideration must be made as soon
as possible and within 3 working days of the due date of the
specific piece of assessment or scheduled exam.
2.3 Students who are entitled to reasonable adjustments by virtue of
being registered with the University’s Disability Office are not
precluded from applying for special consideration under this policy.
Saskia has told me she wants to receive special consideration, so she
can sit a supplementary Equity and Trusts exam in 3 weeks’ from today.
Apparently, Menzies has the supplementary exams scheduled then.
As I haven’t been to University for quite some time, I’m not really sure
how they work. Maybe you can let me know what you think would be the
simplest, quickest and most efficient strategy to get the University to
allow Saskia to sit the supplementary exam. It might help to do a general
google of your University or other Universities as to how special
consideration is typically granted.

Once you have completed all of your answers, submit your work to unlock the model answer.