A lounge of one’s own: Art, gender, discrimination and the law

Abstract

In this essay, the authors consider the recent discrimination law decision of the Tasmanian Civil and Administrative Tribunal in relation to the ‘Ladies Lounge’, an artwork by Kirsha Kaechele at the Museum of Old and New Art in Hobart. The article first considers the question of whether there was unlawful direct discrimination before turning to the application of defences (referred to as ‘exceptions’ in the relevant legislation, the Anti-Discrimination Act 1998 (Tas)). The authors highlight the particular tensions that arise at the interface of law and art, particularly when the art seeks to create discomfort.