Question
This is the Topic: The case of Dovedeen Pty Ltd & Anor v GK [2013] QCA 116 concerned an appeal from the Queensland Civil and
This is the Topic:
The case ofDovedeen Pty Ltd & Anor v GK[2013] QCA 116 concerned an appeal from the Queensland Civil and Administrative Tribunal (QCAT) at Brisbane. The issue before the court related to a claim of discrimination.
Simultaneously, the legislature passed an Act - theYouth Justice (Boot Camp Orders) and Other Legislation Amendment Act 2012(Qld) which (among other reforms) amended certain provisions of theAnti-Discrimination Act1991 (Qld).
You are asked to provide an analysis of the decision of the Queensland Court of Appeal judgment delivered on 17 May 2013, together with an analysis of the law reform relevant to this issue contained in the Act passed on 11 December 2012.
Question 1:
Provide an analysis of the law reform relevant to the issue raised by the abovementioned case.You are only required to analyse the clauses of theYouth Justice (Boot Camp Orders) and Other Legislation Amendment Act 2012(Qld) which amended theAnti-Discrimination Act 1991(Qld).Provide an assessment of whether the law reform is "good law". You might like to consider the following questions in your answer:
- Having regard to the variousextrinsic materialspresented in conjunction with theYouth Justice (Boot Camp Orders) and Other Legislation Amendment Bill, what was the purpose or reason for the proposed reform to theAnti-Discrimination Act?
- What principles and policy considerations were being upheld or breached by the proposed reform?
- Was the law that came into force when this Act was passed "good law" - you might like to identify what "good law" is as part of this answer. Be sure to support your conclusion with clear reasoning.
Questipn 2:
PART C.Provide an opinion as to whether the passing of theYouth Justice (Boot Camp Orders) and Other Legislation Amendment Act2012 and the judgment of the court inDovedeen Pty Ltd & Anor v GK[2013] QCA 116 raise any concerns or issues in light of what you have learnt regarding the Rule of Law, the Separation of Powers doctrine, and the concept of judicial activism.
Answer the question using the case and legislation and policies
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