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Difficulty: MediumAnti-Discrimination Laws and Protected Attributes

A person is applying for a rental property. The landlord refuses the application solely because the applicant uses a wheelchair, even though the applicant meets all other financial and legal requirements. Which of the following best describes why this action is illegal in Australia?

  1. It violates anti-discrimination laws that protect people with a physical disability.Answer
  2. B
    It violates anti-discrimination laws, but only if the person's race or religion was also the reason for the refusal.
  3. C
    It violates the 'Fair Go' principle, which guarantees that the government must provide free housing to anyone with a disability.

Answer

The action is illegal because it violates anti-discrimination laws that protect individuals with a physical disability from being treated unfavourably.
The correct answer is correct because Australian anti-discrimination laws specifically protect people from being treated unfavourably in housing, employment, and education based on attributes such as physical disability. In this scenario, refusing a tenant simply because they use a wheelchair is a direct violation of these protections.

Step-by-Step Solution

1
Identify the reason for the unfair treatment in the scenario.
The applicant was refused housing solely because of their physical disability (using a wheelchair).
To determine which law or value is relevant, we must first identify the specific attribute being targeted.
2
Compare the attribute against protected characteristics under Australian law.
Physical disability is a protected attribute in areas like housing, employment, and education.
Australian anti-discrimination laws cover specific attributes including age, race, religion, sex, disability, and marital status.
3
Distinguish between equality of opportunity and guaranteed outcomes.
The law ensures the applicant has a 'fair go' at the property without being excluded for their disability, but it does not guarantee they are given free housing.
Understanding the difference between the right to fair treatment and a misconception of 'guaranteed wealth' is key to identifying the correct legal principle.

Key Concept

Protected Attributes under Anti-Discrimination Law

Hints

1
Think about whether a person's physical condition is something they can be legally excluded for in Australia.
2
Recall the list of protected attributes which include things like age, sex, and marital status, in addition to race and religion.
3
The 'Fair Go' value is about having the same chance as everyone else, but anti-discrimination laws are the specific rules that protect that chance.

Practice More

Review the other protected attributes such as 'marital status' and 'age' to see how they apply to workplace scenarios.
Estimated Time:1m 15s
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Topics

Anti-Discrimination Laws and Protected Attributes

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