DISABILITY AND THE LAW

LAW5DAL

2021

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.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorDarren O'Donovan

Available to Study Abroad/Exchange StudentsYes

Subject year levelYear Level 5 - Masters

Available as ElectiveNo

Learning ActivitiesReview various scenarios including past Administrative Appeals Tribunal (AAT) cases or Federal cases involving disability support plan appeals. Students to interpret findings and apply to a new scenario to argue for change of plan.

Capstone subjectNo

Subject particulars

Subject rules

Prerequisites Must be enrolled in: Master of Advanced Disability Practice (HMADPO)Graduate Diploma in Advanced Disability Practice (HGADPO)Graduate Certificate in Advanced Disability Practice (HCADPO)Juris Doctor (LMJD) Master of Laws (LMLAW)

Co-requisitesN/A

Incompatible subjectsN/A

Equivalent subjectsN/A

Quota Management StrategyN/A

Quota-conditions or rulesN/A

Special conditionsN/A

Minimum credit point requirementN/A

Assumed knowledgeN/A

Readings

A quantum leap towards social rights for people with intellectual disabilities

Resource TypeRecommended

Resource RequirementN/A

AuthorBigby, C., & O Donovan, D.

Year2018

Edition/VolumeN/A

PublisherSydney: Federation Press

ISBNN/A

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

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

Resource TypeRecommended

Resource RequirementN/A

AuthorArnstein-Kerslake, A.

Year2017

Edition/VolumeN/A

PublisherCambridge University Press

ISBNN/A

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

Career Ready

Career-focusedNo

Work-based learningNo

Self sourced or Uni sourcedN/A

Entire subject or partial subjectN/A

Total hours/days requiredN/A

Location of WBL activity (region)N/A

WBL addtional requirementsN/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.

Subject options

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Start date between: and    Key dates

Melbourne (Bundoora), 2021, Semester 2, Online

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Subject Instance Co-ordinatorDarren O'Donovan

Class requirements

Unscheduled Online ClassWeek: 34 - 43
Ten 15.00 h 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/AOtherIndividualNo20 SILO1

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/AAssignmentIndividualNo40 SILO2, SILO3, SILO4

NDIS Plan Appeal (2000 word equiv) 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/AOtherIndividualNo40 SILO4, SILO5