Watch the video:
https://www.youtube.com/watch?v=0lULH-eTHxA
Advise Leanne and Kenny about their legal rights. For example, you could discuss racial discrimination. Race is a protected attribute attribute in the Fair Work Act 2009 (Cth) and Racial Discrimination Act 1975 (Cth).
Ensure you refer to relevant sections and relevant case law (if applicable); Marks will be deducted if you discuss laws which are not relevant.
Discuss Federal (Commonwealth) legislation only. Do not discuss state legislation (ie Victorian legislation).
When discussing discrimination, you should identify whether the discrimination is direct discrimination or indirect discrimination.
Discuss the process of taking the matter to a court or a tribunal. For example, if Leanne and Kenny complained to Australian Human Rights Commission, what is the process? Will it investigate first? Then conciliate?
Hints for Question 1:
A factual hypothetical question is where a hypothetical situation is presented and you are asked to provide legal advices.
When faced with a factual hypothetical question, follow the following steps:
- identify the relevant legal issues
- apply the legal principles from cases or statute
- develop legal arguments from these principles
- arrive at a considered conclusion.
The emphasis is on the application of the law in the context of a problem rather than merely stating legal principles.
Sample Solution