title for Discrimination Law note
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This page provides points of entry to the literature on Australian discrimination law.

It covers -


For anti-discrimination legislation regarding questions of accessibility, free speech, hate speech and hate sites see the Accessibility, Censorship and Politics guides on this site.

There is a broader treatment in the Human Rights profile.

The Commission's detailed guide to the DDA is online. A detailed report reviewing the Act was released in 2004 by the Productivity Commission and context is provided by HREOC's annual Federal Discrimination Law.

     the legal terrain

Surveys of the legal terrain include Australian Anti-Discrimination Law (Leichhardt: Federation Press 2008) by Neil Rees, Katherine Lindsay & Simon Rice, 'Australian Anti-Discrimination Laws: Framework, Developments and Issues' (Sydney Law School Research Paper No. 08/24) (2008) by Belinda Smith and her 'From Wardley to Purvis – How Far Has Australian Anti-Discrimination Law Come in 30 Years?' in Australian Journal of Labour Law (2008), Discrimination Law & Practice (Leichhardt: Federation Press 2004) by Chris Ronalds & Rachel Pepper, Retreat from Injustice: Human Rights Law in Australia (Leichhardt: Federation Press 2004) by Nick O'Neill, Simon Rice & Roger Douglas, 'Hate Speech and the Australian Legal and Political Landscape' by Katherine Gelber in Hate Speech and Freedom of Speech in Australia (Leichhardt: Federation Press 2007) edited by Gelber & Adrienne Stone 2-19, 'Context and Interpretation in Australian Anti-Discrimination Law' by Beth Gaze in 26(2) Melbourne University Law Review (2002) 395, Less Than Equal: Women and the Australian Legal System (Chatswood: Butterworths 2001) by Patricia Easteal, and Equality Before the Law: Justice For Women (Sydney: Australian Law Reform Commission 1994)

Questions about the effectiveness of particular measures include -

  • ‘Employment Discrimination Complaints at the ACT Human Rights Office: Players, Process, Legal Principles and Outcome’ by Patricia Easteal & Susan Priest in Contemporary Issues in Law (2006/7) 62-79
  • 'Human Rights Remedies for Unlawful Discrimination' by Jonathon Hunyor in 43(7) Law Society Journal (2005) 40
  • 'Equality Legislation and Reflexive RegulaReview’s Consultative Paper' by Christopher McCrudden in 36(3) Industrial Law Journal (2007) 255

     Employment and Workplace Law

Insights are offered in Australian Charter of Employment Rights (Prahran, Australian Institute of Employment Rights/Hardie Grant 2007) edited by Mordy Bromberg & Mark Irving, Labour Law and Labour Market Regulation (Leichhardt: Federation Press 2006) edited by Christopher Arup, Stewart's Guide to Employment Law (Leichhardt: Federation Press 2008) by Andrew Stewart, 'The Overlap of the Federal Sex Discrimination and Industrial Relations Jurisdictions: Intersections and Demarcations in Conciliation' by Sara Charlesworth in 6(4) Australian Journal of Labour Economics (2003) 559-577.


Points of entry into the overseas literature include -

  • Private Lives: Families, Individuals & the Law (Cambridge: Harvard Uni Press 2004) by Lawrence Friedman
  • AIDS and the Sexuality of Law: Ironic Jurisprudence (New York: Palgrave 2004) by Joe Rollins
  • God vs. The Gavel: Religion and the Rule of Law (Cambridge: Cambridge Uni Press 2005) Marci Hamilton
  • Same-Sex Relationships: From 'Odious Crime' to 'Gay Marriage' (Oxford: Oxford Uni Press 2006) by Stephen Cretney
  • 'In Search of the Best Procedure for Enforcing Employment Discrimination Laws: A Comparative Analysis' by Jean Sternlight in 78 Tulane Law Review (2004) 1401

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