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LAWS5011 Federal Constitutional Law

Question

Answered

Question:

Citations:

For citation of legislation students can simply refer to the relevant legislation in the text of their answers by the common abbreviations (eg DDA, RDA, SDA, ADA, etc) followed by the section number. There is no need to include this information as a distinct footnote.  Case names can also appear in the text of the answers without the need for a case citation or a footnote. Any additional sources such as books, articles, reports, and websites should be footnoted.

However, as this assessment task is focused on the application of the law and the relevant principles, and is not designed as a research-related task (no marking criteria for research), the main focus is not on the citation of additional sources. In particular, repeated footnoting of the prescribed textbook is not encouraged. It is expected that students will be able to answer the questions based on the textbook, Leganto materials, lectures and block sessions.

Marking Criteria

Your answer to the exam question will be assessed according to the following criteria:

Ability to clearly and concisely state and apply the relevant law and principles to the issues raised by the question.
 
Ability to analyse issues raised by the questions and present well-considered arguments.
 
Clarity of expression, and attention to grammar and spelling.
 
Organisation and structure of answer.

Problem Question

Jacinda is a Gamilaroi woman and is employed as a journalist by the Channel 14 Network in Sydney.  She grew up in the Hunter Valley on Wonnaruah country, where members of her extended family still reside. She is well known for her commentary on current affairs, has a large following on social media, and often appears on Channel Ten’s ‘The Project’. Jacinda is regularly involved in campaigns on a range of issues, with a particular focus on transgender rights and domestic violence. Due to her public profile, Jacinda receives a significant amount of feedback and commentary that is sent to her work email and her twitter account, with some of it taking exception to her views and campaigns but, by and large, she tries to ignore the negativity of such comments.  

Jacinda currently rents a penthouse studio apartment in Rose Bay that was advertised as ‘perfect for a Sydney professional couple’. Recently, when the real estate agent was at her apartment attending to some repairs, Jacinda mentioned in passing that she was looking forward to having two of her nephews from the Hunter Valley stay with her as they had been selected for internships at the Reserve Bank of Australia. The real estate agent said nothing to her at the time, but that evening the agent sent an email informing Jacinda that her nephews could not stay in the apartment because the apartment was only suitable for a couple. Jacinda is concerned about this communication, as she does not want to jeopardize an extension on her lease when it comes up for renewal in a few months, but sees no reason for any restriction on who she can have to stay when this is not covered by the terms of her lease.  

Two weeks ago, when Jacinda arrived back at her apartment block and was getting out of her car in front of the building, she heard someone yell, ‘you black man hater go back to the bush where you came from. We are all sick of you living where you’re not welcome!’ When Jacinda looked up she saw one of her neighbours stepping back into the lobby of the apartment block. This neighbour has never been friendly towards Jacinda when she has previously encountered him in and around the building, and she suspects he may have been making complaints about her to the real estate agent. At the time she heard the yelling, Jacinda noticed a young couple from another apartment sitting out on their balcony.

The stress in relation to her apartment has come on top of a very difficult period at work. For some months Jacinda has been covering news items on the increase in domestic violence since the murder of Hannah Clarke and her children. At the same time, the nature of the commentary on social media directed towards her has increased in its intensity and taken on a threatening tone. Last week Jacinda was at a local police station covering a media story and, given the escalation in threats, took the opportunity to report her concerns about this social media commentary to the Duty Officer. The response that she received was that many high-profile journalists have similar problems and that she should simply ignore it as many trolls give up over time. Jacinda is dissatisfied with this response, as she feels that the police are not taking her concerns seriously. She knows of other journalists who have reported such conduct where the police have immediately commenced an investigation.  

Earlier this week, Jacinda informed her immediate supervisor at work that she is struggling psychologically and indicated that she would like to reduce her work commitments for a period until she feels she can resolve some of these issues. Her supervisor brushed off her concerns with a reference to Jacinda’s long holiday earlier in the year and said that, in any event, they were short staffed and she would have to wait until they could recruit more staff. There is currently a hiring freeze at the Channel Network due to the economic downturn.  

Advise on whether Jacinda could substantiate any breaches of federal anti-discrimination laws, what steps she might take, and what the likely outcomes might be if she pursued these matters (Do not answer this question using state anti-discrimination laws, the Fair Work Act.(Cth) or any other source of law).

LAWS5011 Federal Constitutional Law

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Tellus molestie nunc non blandit massa enim nec dui. Tellus molestie nunc non blandit massa enim nec dui. Ac tortor vitae purus faucibus ornare suspendisse sed nisi. Pharetra et ultrices neque ornare aenean euismod. Pretium viverra suspendisse potenti nullam ac tortor vitae. Morbi quis commodo odio aenean sed. At consectetur lorem donec massa sapien faucibus et. Nisi quis eleifend quam adipiscing vitae proin sagittis nisl rhoncus. Duis at tellus at urna condimentum mattis pellentesque. Vivamus at augue eget arcu dictum varius duis at. Justo donec enim diam vulputate ut. Blandit libero volutpat sed cras ornare arcu. Ac felis donec et odio pellentesque diam volutpat commodo. Convallis a cras semper auctor neque. Tempus iaculis urna id volutpat lacus. Tortor consequat id porta nibh.

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Tellus molestie nunc non blandit massa enim nec dui. Tellus molestie nunc non blandit massa enim nec dui. Ac tortor vitae purus faucibus ornare suspendisse sed nisi. Pharetra et ultrices neque ornare aenean euismod. Pretium viverra suspendisse potenti nullam ac tortor vitae. Morbi quis commodo odio aenean sed. At consectetur lorem donec massa sapien faucibus et. Nisi quis eleifend quam adipiscing vitae proin sagittis nisl rhoncus. Duis at tellus at urna condimentum mattis pellentesque. Vivamus at augue eget arcu dictum varius duis at. Justo donec enim diam vulputate ut. Blandit libero volutpat sed cras ornare arcu. Ac felis donec et odio pellentesque diam volutpat commodo. Convallis a cras semper auctor neque. Tempus iaculis urna id volutpat lacus. Tortor consequat id porta nibh.

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