DISABILITY AND THE LAW
Credit points: 15
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
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.
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)
Quota Management StrategyN/A
Quota-conditions or rulesN/A
Minimum credit point requirementN/A
A quantum leap towards social rights for people with intellectual disabilities
AuthorBigby, C., & O Donovan, D.
PublisherSydney: Federation Press
Restoring voice to people with cognitive disabilities. Realising the right to equal recognition before the law.
PublisherCambridge University Press
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
Intended Learning Outcomes
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Melbourne (Bundoora), 2021, Semester 2, Online
Maximum enrolment sizeN/A
Subject Instance Co-ordinatorDarren O'Donovan
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.
Agency Infographic (equivalent to 1800-words) The infographic will demonstrate the different agencies and their comparison.
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.
|Assignment||Individual||No||40||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.