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- 1. Australian Human Rights Commission Act 1986
work/employers/quick-guide-australian-discrimination-laws and 2. Disability Discrimination Act 1992
identify the Commonwealth Act/s and the relevant State Act (The 3. Equal Opportunity Act 1984
Menzies campus is in Victoria) that may cover discrimination on the 4. Anti-Discrimination Act 1991
basis of disability.

(b) Find the Equal Opportunity Act 2010 (Vic) Yes Saskia having disability would fall within the meaning of
http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubLaw Impairment defined in Section 4.
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 Section 15
attribute of disability?

(d) Look at Part 2 sections 8 and 9. Is Saskia’s matter more likely to be Section 9 as administration has made certain rules which have
direct or indirect discrimination? made Saskia impossible to give exams.

(e) Now find the Disability Discrimination Act 1992 (Cth) (the DDA) Section 11(1)
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 It is better to approach Australian Human Rights Commission
king-a-complaint because it covers the entire country whereas the other
or Commission covers a specific territory not before that.
 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
1. Talk with authorities to take the exam as she is disabled.
student portal). That is where you would look first. Particularly find
2. She was not in a good state of mind as she was debarred
relevant clauses that might be worth pointing out to the University as to
from giving the exam so she must be allowed special
their obligations. Some Universities do often require special
consideration.
consideration within 3 working days of a scheduled exam.
 3. Allow her for supplementary 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.

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