Book Review: Discrimination Law and Practice

As stated in the introduction, this book is a practical guide.  It outlines the law and then demonstrates its current application through the use of practical examples and decided cases.  It deals with the lodgement of a complaint of discrimination and conciliation processes as well as referral to a court or tribunal for hearing.

It covers the Federal as well as State legislative regimes which proscribe discrimination on the major grounds of race, sex, disability (also, variously, including religious and political activities, sexual orientation and transgender status) in the key areas of employment and education, harassment and victimisation.  Current issues, such as the dismissal from employment of ageing Virgins (well, hostesses); how post-operative transgendered persons are defined; and discrimination on the grounds of particular religious beliefs are discussed.

Previous editions have been praised for the concise approach and easy to follow structure.  The third edition follows the same format, with the first chapter as a clear and logical overview which is mirrored by the structure of the following chapters.  

Discrimination Law and Practice is an easily digested overview for the newcomer to discrimination law. It is aimed not only at practitioners but at organisations that may seek to ensure compliance.  Coverage of the socio-economic and political background to the legal developments allows a further level of depth.  The comprehensive use of cases provides the analysis and direction necessary for an understanding of the law by practitioners.

The appendices are very useful tables breaking each of the Federal and State jurisdictions down into (1) areas and (2) grounds of unlawful discrimination; (3) exceptions to coverage; and (4) conciliation and inquiry powers, complete with references to particular sections.

The primary focus is stated as the Federal legislation, which is described as a common benchmark and underpinning of principle for the State regimes.  Although the States are covered, it should be noted that they are discussed at the depth of the Federal legislation.²  Practitioners advising on lodgement of a complaint will need to go beyond this book in order to advise on choices such as jurisdiction and grounds of discrimination.

A book previously described as “arguably the best available starting point for an understanding of the basic concepts”³, this third edition is just that.  It recognises the changing nature of discrimination law, presents it in a manner that is interesting and is a well-weighted guide for general purposes.

The book remains good value at recommended retail price of $59.95 or direct from the publisher⁴ at $55.00.

Robert Carroll
Higgins Chambers

Footnotes

1. See the website at http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862876811
2. For example, the definition of “sexuality” in Queensland, which has been amended since prior to the publication of the second edition, is out of date.  Also, the State regimes do sometimes vary somewhat from the Federal laws, for example, the exceptions to coverage in Queensland.
3. Public Administration Today
4. See http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862876705.