Statutory Interpretation of Disability Discrimination in NSW Law

Foundations of Law 70102 – Assessment Task 3 – Autumn 2025
Statutory Interpretation and Research Exercise
Due: Thursday 22 May 2025 by 23.59
Length: 2000 words (excluding the headings Part A, Part B and Part C, footnotes and
bibliography. Any additional headings that you decide to use will be included in the word
count)
Weighting: 40%
Task Instructions
The assessment task is divided into three parts (Part A, Part B and Part C). Each part contains a
number of questions. You must complete all parts and all questions. The marks awarded for each
part are clearly indicated.

Statutory Interpretation of Disability Discrimination in NSW Law

A suggested word length for each part has been provided; this is a guide only, you can
increase/decrease the words in each part provided you stay within the overall word limit. If you
do so, you must keep in mind the marks that are awarded for each part.
All parts of this assessment task relate to the following scenario.
Mr Tun has approached your legal practice to seek advice about whether he has a claim under
advice.
NSW anti-discrimination law. The principal solicitor of the legal practice where you are employed
has given you the task of undertaking the legal research that will form the basis of that legal
Part A (approx. 200 words) 5 marks
Note when answering Part A the use of dot points or numbered points is acceptable.

Describe why you have identified each source as useful and relevant (eg addressing such
things as authoritativeness, currency, expertise of author, jurisdiction …)

Identify the provision/s of the NSW legislation that prohibits disability discrimination that
might apply in Mr Tun’s case.
You are not to refer to legislation from any other jurisdiction, or any other area of law (such
as occupational health and safety). This question is solely focused on discrimination on the
ground of disability.

Identify the other provisions in the NSW legislation that prohibits discrimination on the
ground of disability that will be useful to you to interpret the above provision.
Please identify the section number/s and very briefly what the provision is concerned with.
For example, s 4C definition of ‘mental health impairment’.
You are not to refer to legislation from any other jurisdiction, or any other area of law (such
as occupational health and safety). This question is solely focused on discrimination on the
ground of disability.

Statutory Interpretation of Disability Discrimination in NSW Law

Set out the research steps that you took to find the above provisions.
Please ensure that you set these steps out clearly with sufficient detail so that a person can
follow them and generate the same results.
Part B (approx. 1400 words) 30 marks
Using the statutory interpretation skills you have learnt in Foundations of Law interpret the NSW
provision/s that prohibit disability discrimination in the context of Mr Tun’s scenario.
Set out your response in a sequenced and logical manner using the statutory interpretation
tools that are applicable to this scenario (remember that you do not need to use all the tools of
statutory interpretation – just those that are needed to interpret this provision/s). Ensure that
you sufficiently interpret the provisions and terms/phrases that are significant in providing Mr
Tun with legal advice, and in doing so explain each of the steps in statutory interpretation that
you are undertaking. This means giving attention (where appropriate) to intrinsic and extrinsic
sources, interpretation legislation, general principles of interpretation, common law rules and
presumptions, and judicial or quasi-judicial decisions.
Provide a clear conclusion about whether you think that Mr Tun’s claim of disability
discrimination is likely to be successful based on your interpretation of the provision.
You are not to refer to the legislation from any other jurisdiction, or any other area of law (such
as workplace safety). The sole focus is advice in the context of discrimination on the grounds of
disability as it applies to Mr Tun in NSW.
Part C (approx. 400 words) 5 marks
The NSW Law Reform Commission currently has an inquiry reviewing the NSW discrimination
legislation. The principal solicitor of the legal practice where you are employed would now like
you to draft a submission to that inquiry identifying issues that are relevant to disability
discrimination in entertainment/leisure activities/venues.
You are required to identify two scholarly secondary sources that would assist you in writing
this submission (eg a journal article, government report, other research report). You are not to
include media stories, media releases, legislation or case law.
The secondary source that you identify can be about NSW, or any other jurisdiction including
international (for example, it can be about Commonwealth or US legislation). The secondary
sources may also concern disability discrimination more generally. The key aspect of the task is
that the selected sources must, in some way, be relevant and useful to the task that you have
been asked to undertake. This requires you to read and make an assessment about the
usefulness of the source to your work, and you need to explain this usefulness and relevancy in
your response.

Provide a full and accurate citation for both sources that you have identified. Ensure that the
citations are provided in the main text of your assignment and in the bibliography.

Attach a PDF, or a link, for both sources you have selected. Failure to attach or link a source
will mean that you will get zero marks for that source in Part C. Instructions on how to attach
multiple files can be found under the assignments tab on Canvas.

Detail your research steps to locate these two sources. Ensure that you set these steps out
clearly with sufficient detail so that a person can follow them and generate the same results.

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