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  • 06 Equity and Rights in Society
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Equity and Rights in Society

06

These chapters look at rights and equitable access in law. These rights include intellectual property, rights of recognition and anti-discrimination, and legal protection. The first three chapters in this section cover a number of areas of law designed to protect vulnerable individuals, including; children, people with disabilities and indigenous people. The last three chapters cover laws surrounding intellectual property and copyright, the law of discrimination and the civil action of defamation.

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Children’s Rights

This chapter discusses the significant body of law that governs children; rights and protections. The chapter specifically considers the role of the Commissioner for children, child protection standards and services, the implications of a child protection order or alternative, the rights and duties of parents as well as particular children’s rights and duties.

Disability

This chapter looks at what the term ‘disability’ means, explains the government departments and services available to people with a disability and the obligations and restrictions on caregivers working with people with a disability. The chapter further considers specific laws protecting the rights of people with disabilities (anti-discrimination, incapacity and the criminal justice system) as well as more nuanced areas, such as, wills.

Aboriginal Law

This chapter provides an explanation of what Aboriginal law is as well as describing particular rights that are protected by law (land, cultural, hunting and fishing). The chapter also explains the law of anti-discrimination and the disproportionate representation of Aborigines in the criminal justice system.

Intellectual Property and Copyright

This chapter explains what intellectual property and copyright is as well as providing information on major areas of law impacting the use of intellectual property and copyright, such as; the sources of law, the preconditions to having ownership of copyright or intellectual property as well as what happens if intellectual property or copyright is infringed. There is specific information regarding designs, patents and trademarks located in this chapter.

Discrimination

What is discrimination and in what circumstances is it subject to legal restrictions and penalty? This chapter explores the meaning of discrimination in the context of the anti-discrimination framework in Tasmania. There is a specific section prescribing discrimination in employment and the human rights framework in Australia followed by the procedure for lodging a discrimination complaint.

Defamation

This chapter deals with the law of defamation and explains what needs to be present for an action of defamation to be brought against an individual or company as well as detailing defences to an action of defamation.

Page last updated 19/11/2018

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