CAS204: Managing Multiculturalism and Diversity

Case Study 

An Aboriginal woman telephoned in response to a newspaper advertisement for a house to rent. She spoke with another woman, and an agreement was made to rent the house and for the woman to inspect it later that day. The other woman was the owner's wife. When the woman and her mother (also Aboriginal) went to inspect the house as arranged, the owner's wife indicated the house had been rented to someone else, and said the house was too good for you. She said a house down the road was more suitable. Later that day, the woman's sister-in-law rang the advertised number enquiring about the house to rent, and she was told the house was still available. That evening, the woman's husband also rang and spoke to the owner's daughter, who told him her father didn't want to rent to blacks, even though the owner's daughter knew the husband was white. The tribunal accepted that an agreement to rent the house had been reached between the woman and the owner's wife over the telephone, and that the owner's wife had withdrawn from the agreement when she saw that the woman was an Aborigine with dark skin. The tribunal found the owner's wife was acting as the owner's agent, with both actual and ostensible authority. This meant the owner was responsible for the discriminatory conduct of his wife.
The tribunal found the refusal to rent caused the woman to remain in overcrowded emergency housing with her husband and six children, for a number of months. Being told the house was too good for her, and that a sub-standard house down the road was more suitable for her, was deeply hurtful to the woman. She experienced continuing pain and humiliation from the refusal to rent and had adopted the strategy of having her husband inspect houses for rent to avoid again being denied housing because of her Aboriginality.

Summary of Assessment Requirements

This assessment required students to analyse a case study involving discrimination against an Aboriginal woman in a housing rental situation. Students were expected to:

Key Requirements

• Identify and explain the discriminatory behaviours evident in the case.

• Analyse the situation using relevant legal frameworks, particularly anti-discrimination or equal opportunity laws.

• Describe the responsibilities of the owner and the agent, including concepts of actual and ostensible authority.

• Discuss the harm caused to the woman, including emotional, social, and practical impacts.

• Explain how the tribunal reached its findings, including:

  • Why the agreement to rent was legally recognised.

  • Why the discriminatory conduct was attributed to the owner.

• Reflect on broader themes, such as:

  • Systemic discrimination

  • Cultural safety

  • Equity and human rights principles

  • Implications for service providers or housing agents

Students were expected to present the analysis clearly, logically, and with reference to relevant legislation, ethical standards, and best-practice considerations.

How the Academic Mentor Guided the Student 

The Academic Mentor approached the assessment systematically, ensuring the student understood the task and how to structure a strong legal and ethical analysis. The process included the following steps:

Step 1: Understanding the Case and Identifying Issues

The mentor began by helping the student unpack the case study:

• Highlighting the discriminatory statements (“the house is too good for you,” “didn't want to rent to blacks”).

• Clarifying the sequence of events to understand how the discrimination unfolded.

• Identifying key parties: the woman, her family, the owner, the owner’s wife, and daughter.

• Noting the legal agreement formed over the phone.

This step established the factual foundation necessary for furtheStep 2: Linking Facts to Relevant Legal Principles

The mentor guided the student to connect the facts to applicable anti-discrimination laws. The mentor explained:

• The legal meaning of direct racial discrimination.

• How the refusal to rent based on race breaches anti-discrimination statutes.

• The concept of vicarious liability, where an owner is responsible for discriminatory actions of their agent.

• The meaning of actual and ostensible authority, and how it applied to the owner’s wife acting on his behalf.

This allowed the student to view the case through a precise legal lens.

Step 3: Analysing the Tribunal’s Findings

The mentor helped the student understand why the tribunal ruled in favour of the woman:

• An agreement to rent was already formed.

• The owner's wife withdrew solely due to race.

• The discriminatory comments were supported by multiple interactions.

• The owner's wife was acting with authority, making the owner legally responsible.

• The refusal caused real, measurable harm, including continued overcrowded living conditions and emotional trauma.

Students were shown how to interpret tribunal reasoning in a clear, structured way.

Step 4: Examining the Impact of Discrimination

Next, the mentor directed the student to assess the effects of discrimination on the woman and her family:

• Continued overcrowding in emergency housing.

• Emotional pain, humiliation, and loss of dignity.

• Ongoing fear of facing discrimination again.

• Reduced confidence, leading her to rely on her white husband for future housing inspections.

This step emphasised the human rights and social impact dimensions of the assessment.

Step 5: Integrating Ethical and Professional Responsibilities

The mentor encouraged the student to connect the case to broader ethical principles, such as:

• Fair and equitable treatment in housing.

• Respect for cultural identity.

• Creating culturally safe and non-discriminatory environments.

• The responsibility of service providers and landlords to uphold human rights.

This helped the student demonstrate a holistic understanding of multicultural, social justice, and anti-discrimination frameworks.

Step 6: Structuring the Final Response

The mentor guided the student in organising the assessment into a clear structure:

1. Introduction – Overview of the case and purpose of analysis.

2. Key Legal Issues – Identification of discriminatory behaviour and relevant laws.

3. Tribunal Findings – Explanation of authority, liability, and legal conclusions.

4. Impact on the Woman – Emotional, social, and practical consequences.

5. Broader Implications – What this means for policy, practice, and cultural safety.

6. Conclusion – Summary of insights and reinforcement of anti-discrimination principles.

Emphasis was placed on logical flow, critical thinking, and evidence-based analysis.

Outcome and Learning Objectives Achieved

Through this structured guidance, the student successfully produced a well-reasoned assessment demonstrating:

1. Understanding of Discrimination

The student identified direct racial discrimination and linked it appropriately to anti-discrimination legislation.

2. Ability to Interpret Legal Findings

The student clearly explained why the tribunal held the owner responsible and how authority relationships operate in law.

3. Awareness of Social, Emotional, and Cultural Impacts

The student articulated how discrimination affected the woman’s psychological well-being, living situation, and long-term behaviour.

4. Ability to Apply Theory to Practice

The student connected legal analysis with broader ethical and cultural safety principles, showing applied understanding.

5. Critical Reflection Skills

The student reflected on systemic discrimination and its implications for service providers, landlords, and communities.

6. Clear Written Communication

With step-by-step mentoring, the student demonstrated an organised and professional writing style suitable for academic purposes.

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