Ms. Alison Handley Case Study - Anti-Discrimination Act 1977 - Law Assignment Help

Assignment Task:

Ms. Alison Handley (Ms. Handley) is a full member of the Little Bay Golf Club (golf club). As a full member, she is entitled to access the golf course, operated by the golf club, seven days per week. The golf club is an incorporated business with over 350 members for both social and sporting purposes. The golf club provides and maintains its facilities, in whole or in part, from the funds of the business and sells liquor for consumption on its premises. In March 2019, the golf club published a weekly playing schedule, which set out all of the potential times that a member might, consistent with their category of membership, play golf on the golf course. The March 2019 weekly playing schedule included a regular male-only, 18-hole competition on Fridays. Female members were not allowed on the golf course during the male competition between 6:30 am and 3:00 pm, which meant that a female member could not complete 18 holes of golf in the one session on a Friday. The March 2019 weekly playing schedule also included regular female-only 9- and 18-hole competitions on Tuesdays and Thursdays. Male members were not allowed on the course during the female competition between 6:30 am and 11:45 am. However, even with these time restrictions, male members could complete 18 rounds of golf on Tuesdays or Thursdays. Ms. Handley complained to the golf club that the March 2019 weekly playing schedule was problematic because it prohibited her from playing 18 holes of golf on a Friday. In response, the golf club said, among other things, that it was only the member’s category of membership that allowed them to play on a particular day or time on which an applicable competition or other event was being held. It also outlined that the benefit of playing on the golf course was subject to the weekly playing schedule, available tee times, and other events held at the golf course. 

In light of the preceding information, answer the following questions: 
(a) Is the golf club a ‘club’ for the purposes of the Sex Discrimination Act 1984 (Cth)?  
(b) If Ms. Handley brings a direct discrimination law claim against the golf club, who would be an appropriate comparator when considering such a claim? (5 marks) 
(c) Assuming Ms. Handley alleged that she was the subject of direct discrimination by the golf club on the grounds of sex, how would Ms. Lee frame her claim of being treated ‘differently’? 
(d) In bringing a sex discrimination law claim against the golf club, would Ms. Handley be able to bring a claim under s 25(2)(c) of the Sex Discrimination Act 1984 (Cth)? 
(e) If Ms. Handley brings a direct discrimination law claim against the golf club under the Sex Discrimination Act 1984 (Cth), what would the likely legal outcome be?  
(f) If Ms. Handley brings an indirect discrimination law claim against the golf club under the Sex Discrimination Act 1984 (Cth), what would the likely legal outcome be? 
(g) Assume the golf club was illegally selling liquor for consumption on its premises. Would this fact defeat Ms. Handley’s prospects of bringing a sex discrimination law claim under s 34A of the Anti-Discrimination Act 1977 (NSW)? 

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