70102 – Foundations of Law Assessment Task 3

Part A

Note that when answering Part A, the use of dot points or numbered points is acceptable.

1.  Identify the provision/s of the NSW legislation that prohibit disability discrimination that might apply in Mr Tun’s case.

You are not to refer to legislation from any other jurisdiction or any other area of law (such as occupational health and safety). This question is solely focused on discrimination on the grounds of disability.

2.  Identify the other provisions in the NSW legislation that prohibit discrimination on the grounds of disability that will be useful to you in interpreting the above provision. 

Please identify the section number/s and very briefly what the provision is concerned with. For example, the 4C definition of ‘mental health impairment’.

You are not to refer to legislation from any other jurisdiction or any other area of law (such as occupational health and safety). This question is solely focused on discrimination based on disability.

3.  Set out the research steps that you took to find the above provisions. 

Please ensure that you set these steps out clearly with sufficient detail so that a person can follow them and generate the same results. 

Part B 

Using the statutory interpretation skills you have learnt in Foundations of Law, interpret the NSW provision/s that prohibit disability discrimination in the context of Mr Tun’s scenario. 

Set out your response in a sequenced and logical manner using the statutory interpretation tools that are applicable to this scenario (remember that you do not need to use all the tools of statutory interpretation, just those that are needed to interpret this provision/s). Ensure that you sufficiently interpret the provisions and terms/phrases that are significant in providing Mr Tun with legal advice, and in doing so, explain each of the steps in statutory interpretation that you are undertaking. This means giving attention (where appropriate) to intrinsic and extrinsic sources, interpretation legislation, general principles of interpretation, common law rules and presumptions, and judicial or quasi-judicial decisions.

Provide a clear conclusion about whether you think that Mr Tun’s claim of disability discrimination is likely to be successful based on your interpretation of the provision.

You are not to refer to the legislation from any other jurisdiction or any other area of law (such as workplace safety). The sole focus is advice in the context of discrimination on the grounds of disability as it applies to Mr Tun in NSW.   

Part C 

The NSW Law Reform Commission currently has an inquiry reviewing the NSW discrimination legislation. The principal solicitor of the legal practice where you are employed would now like you to draft a submission to that inquiry identifying issues that are relevant to disability discrimination in entertainment/leisure activities/venues.

You are required to identify two scholarly secondary sources that would assist you in writing this submission (eg, a journal article, government report, other research report). You are not to include media stories, media releases, legislation or case law. 

The secondary source that you identify can be about NSW, or any other jurisdiction including international (for example, it can be about Commonwealth or US legislation). The secondary sources may also concern disability discrimination more generally. The key aspect of the task is that the selected sources must, in some way, be relevant and useful to the task that you have been asked to undertake. This requires you to read and make an assessment about the usefulness of the source to your work, and you need to explain this usefulness and relevancy in your response.

1.  Provide a full and accurate citation for both sources that you have identified. Ensure that the citations are provided in the main text of your assignment and in the bibliography.

2.  Attach a PDF or a link, for both sources you have selected. Failure to attach or link a source will mean that you will get zero marks for that source in Part C. Instructions on how to attach multiple files can be found under the assignments tab on Canvas.

3.  Detail your research steps to locate these two sources. Ensure that you outline these steps clearly with sufficient detail so that a person can follow them and achieve the same results.

4.  Describe why you have identified each source as useful and relevant