Compare and Contrast the Powers - Federal Courts - Law Assignment Help

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Assignment Task:

Task:

Anti-Discrimination Act 1977 (NSW) (or equivalent legislation in your State or Territory):
1. Sex: ss22B (harassment); 25, 35-38, 38C, 38P - 38Q, 38S (transgender); 40, 49 (marital/domestic status); 49V (carer responsibilities);, 49ZH, 49ZT. (homosexuality).54 - 59A
2. Race: ss 8, 20C, 21, 22, 54 - 59A;
3. Age: ss 49ZYB, 49ZV - 49ZW (retirement), 49ZX, 49ZYQ - 49ZYY, 54 - 59A;
4. Disability: ss 49D, 49P, 49PA, 49Q, 49R; 49ZXB (HIV/AIDS villification); 54 - 59A.
5. Liability Provisions: ss 52, 53.
6. Complaint Lodgment & Investigation: ss 87A, 89A, 90, 90A, 93A, 93B, 93C, 108.
7. Multiple Federal/State Prohibition: s 88B.
Compare and contrast the powers that can be exercised by federal courts under federal anti-discrimination legislation (excluding the Fair Work Act 2009 (Cth)) with those can be exercised by the relevant tribunal or court in your home State or Territory under the anti- discrimination legislation in force in that State or Territory.
In your view which is the preferable forum (if any) in which to institute proceedings? Why? (750 words)

 

Harassment
o Sections 28A, 28B Sex Discrimination Act 1984 (Cth) (SDA);
o Sections 22A, 22B Anti-Discrimination Act 1977 (NSW) (ADA(NSW));

o Section 35 Disability Discrimination Act 1975 (Cth) (DDA)
 Vilification
o Sections 18B, 18C, 18D Racial Discrimination Act 1975 (Cth) (RDA);
o Sections 20B, 20C, 49ZS, 49Z, 49ZXA, 49ZXB ADA(NSW).
 Indirect Discrimination 
o Sections 5(2), 5A(2), 5B(2), 5C(2), 6(2), 7(2), 7AA(2), 7B SDA;
o Section 9(1A) RDA;
o Section 6 DDA;
o Section 15 Age Discrimination Act 2004 (Cth);
o Sections 24, 38B, 39, 49B, 49T, 49ZG, 49ZYA ADA(NSW).
Please discuss the below  questions
 1. Explain the difference between indirect discrimination and direct discrimination. Provide, at least, 3 examples from case law. (750 words)

 

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