DISABILITY AND THE LAW

LAW500

2020

Credit points: 15

Subject outline

People with disabilities encounter significant inequity and discrimination as they seek to exercise their rights as equal citizens to participate in society and access services and community facilities. In this subject, students will evaluate the effectiveness of the international and Australian legal frameworks aimed to establish, protect and support the exercise of rights for people with disabilities. The organising frame for the subject are the rights embedded in the principles of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and the legal mechanisms for their enactment in Australia.

School: La Trobe Law School (Pre 2022)

Credit points: 15

Subject Co-ordinator: Darren O'Donovan

Available to Study Abroad/Exchange Students: Yes

Subject year level: Year Level 5 - Masters

Available as Elective: No

Learning Activities: N/A

Capstone subject: No

Subject particulars

Subject rules

Prerequisites: N/A

Co-requisites: N/A

Incompatible subjects: LAW5DAL

Equivalent subjects: N/A

Quota Management Strategy: N/A

Quota-conditions or rules: N/A

Special conditions: N/A

Minimum credit point requirement: N/A

Assumed knowledge: N/A

Learning resources

A quantum leap towards social rights for people with intellectual disabilities

Resource Type: Book

Resource Requirement: Recommended

Author: Bigby, C., & O Donovan, D

Year: 2018

Edition/Volume: N/A

Publisher: Sydney: Federation Press

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Restoring voice to people with cognitive disabilities. Realising the right to equal recognition before the law.

Resource Type: Book

Resource Requirement: Recommended

Author: Arnstein-Kerslake, A.

Year: 2017

Edition/Volume: N/A

Publisher: Cambridge University Press

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Career Ready

Career-focused: No

Work-based learning: No

Self sourced or Uni sourced: N/A

Entire subject or partial subject: N/A

Total hours/days required: N/A

Location of WBL activity (region): N/A

WBL addtional requirements: N/A

Graduate capabilities & intended learning outcomes

Graduate Capabilities

Intended Learning Outcomes

01. Compare and contrast the role of various agencies in safeguarding the rights of people with cognitive disabilities.
02. Critically evaluate evidence for how people with disabilities and their supporters experience the justice system.
03. Interpret and transmit information about current anti-discrimination laws that support people with cognitive disabilities and their support network.
04. Critically examine specific types of legislation in Australia that aim to enact the rights of people with disabilities embedded in the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD
05. Make informed judgements to appeal, through the proper channels, the support provided for a person with cognitive disability.

Melbourne (Bundoora), 2020, Semester 2, Online

Overview

Online enrolment: Yes

Maximum enrolment size: N/A

Subject Instance Co-ordinator: Darren O'Donovan

Class requirements

Unscheduled Online ClassWeek: 34 - 43
Ten 15.00 hours unscheduled online class per study period on any day including weekend during the day from week 34 to week 43 and delivered via online.

Assessments

Assessment elementCommentsCategoryContributionHurdle%ILO*

Agency Infographic (equivalent to 1800-words)The infographic will demonstrate the different agencies and their comparison.

N/AN/AN/ANo20SILO1

Human Rights Essay (2,000-word equivalent)Select one group of people with disabilities and consider the effectiveness that one aspect of their human rights are protected or furthered by a selected piece of Australian legislation.

N/AN/AN/ANo40SILO2, SILO3, SILO4

NDIS Plan Appeal (2,000-word equivalent)Select a scenario and prepare an appeal to the Administrative Appeals Tribunal (AAT) to appeal for a change to a plan developed by the NDIS for a person with cognitive disability. Sections of the NDIS legislation used in the appeal are to be made explicit.

N/AN/AN/ANo40SILO4, SILO5