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Equality and Discrimination Law in Australia: An Introduction explores four decades of anti-discrimination laws in Australia. Beth Gaze and Belinda Smith argue that effective laws protecting against and deterring discrimination are vital for a fair future, and emphasise the theoretical and social contexts that underpin this area of the law. The text is divided into three sections: the first addresses the social and conceptual context, history and framework of anti-discrimination laws; the second analyses the main elements of the law and the processes of enforcement; and the third explores broader avenues for pursuing equality beyond simply prohibiting discrimination. Written in a clear and concise style, Equality and Discrimination Law in Australia: An Introduction is a vital resource for students.

Part 1. Introduction. Ch 1. Laying the Foundations ; Ch 2. The Origins and Historical Development of the Australian Legal System ; Ch 3. The Australian Legal System ; Ch 4. First Nations Australians and the Australian Legal System ; Ch 5. The Legal Profession and Professional Legal Practice and Ethics ; Ch 6. Going to Law: Legal Dispute Resolution Processes -- Part 2. Sources of law: Case law. Ch 7. Case Law and Precedent ; Ch 8. Precedent in Australian Courts -- Part 3. Sources of law: Legislation. Ch 9. Legislation ; Ch 10. Approaches to Interpretation of Legislation ; Ch 11. Extrinsic Aids to Interpretation of Legislation ; Ch 12. Interpretation of Legislation in Context ; Ch 13. Presumptions Used in the Interpretation of Legislation ; Ch 14. Statutory Obligations and Discretions ; Ch 15. Applying Legislation to Complex Problems -- Part 4. Legal research. Ch 16. Legal Research: Approaches and Steps ; Ch 17. Searching for Secondary Sources ; Ch 18. Searching for Case Law ; Ch 19. Searching for Legislation -- Part 5. Legal writing, study and exam skills. Ch 20. Legal Writing ; Ch 21. Referencing and Citation ; Ch 22. Study and Exam Skills -- Part 6. The essential legal toolkit. A. Court hierarchies ; B. Abbreviations of commonly used law reports ; C. A guide to law reports of courts ; D. Common legal abbreviations ; E. Commonly misspelt or misused words ; F. Glossary.

BACKGROUND: The right to the highest attainable standard of mental health remains a distant goal worldwide. The Report of the UN Special Rapporteur on the right of all people to enjoyment of the highest attainable standard of physical and mental health pleaded the urgent need for governments to act through appropriate laws and policies. We argue that Australia is in breach of international obligations, with inadequate access to mental health services, inconsistent mental health legislation across jurisdictions and ongoing structural (systematic) and individual discrimination. DISCUSSION: Inadequate access to mental health services is a worldwide phenomenon. Australia has committed to international law obligations under the Convention on the Rights of Persons with Disabilities (CRPD) to 'promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disability, with respect to their inherent dignity'. This includes people with mental health impairment and this convention includes the right to 'the highest attainable standard of mental health'. Under the Australian Constitution, ratification of this convention enables the national government to pass laws to implement the convention obligations, and such national laws would prevail over any inconsistent state (or territory) laws governing mental health service provision. SUMMARY: The authors argue that enabling positive rights through legislation and legally binding mental health service standards may facilitate enhanced accountability and enforcement of such rights. These steps may support critical key stakeholders to improve the standards of mental health service provision supported by the implementation of international obligations, thereby accelerating mental health system reform. Improved legislation would encourage better governance and the evolution of better services, making mental health care more accessible, without structural or individual discrimination, enabling all people to enjoy the highest ...