Indirect Systemic Discrimination in Education: A Comparative Analysis

Full text for this resource is not available from the Research Repository.

Schindler, Hayley and Zeller, Bruno (2011) Indirect Systemic Discrimination in Education: A Comparative Analysis. Macquarie Journal of Business Law, 8. pp. 111-133. ISSN 1449-0269


Indirect systemic discrimination potentially can occur where the organisational norms, rules or procedures used to determine the allocation of positions and benefits, in public life, appear neutral on face value. This is so because norms and rules are designed around the attributes of a dominant group, against whom minorities are less able to comply. The Australian Racial Discrimination Act 1975 (Cth) (‘RDA’) prohibits indirect discrimination in s9(1A), requiring that four elements be satisfied: 1. The imposition of a requirement or condition; 2. The disparate impact of the requirement or condition; 3. The inability of the complainant to comply; and 4. A lack of justification for the requirement or condition.

Item type Article
Official URL
Subjects Historical > Faculty/School/Research Centre/Department > Centre for Strategic Economic Studies (CSES)
Historical > FOR Classification > 1801 Law
Historical > SEO Classification > 9404 Justice and the Law
Keywords ResPubID24180, ResPubID24503, indirect discrimination, norms, complainant, mainstream education, segregation, Indigenous students, minority groups
Download/View statistics View download statistics for this item

Search Google Scholar

Repository staff login