Legislation
In Australia, federal and state legislation are in place to provide equitable treatment for people with disability, with implications for educational organisations. The Commonwealth Disability Discrimination Act (1992) (DDA) is a federal piece of legislation which imposes legal obligations not to discriminate against people with disability. Disability discrimination happens when a person is treated less favourably, or not given the same opportunities as others in a similar situation because of their disability. This includes discriminating directly against people with disability, but also indirectly (for example, imposing a requirement or condition that is the same for everyone but unfairly excludes or disadvantages people with disability in a manner that is unreasonable).
The DDA uses a very broad definition of disability and covers people who have temporary and permanent disabilities, including physical, intellectual, sensory and learning disabilities, diseases or illnesses, and other conditions. You can more abut the DDA’s definition of disability and what is direct and indirect discrimination here.
What obligations do education providers have?
The Disability Standards for Education (2005) (DSE) clarifies the obligations of education and training service providers, and the rights of people with disability under the DDA. The DSE specifies that education providers must consult, make reasonable adjustments and eliminate harassment and victimisation. This includes the right to access and participate in education on an equal basis as students without disability and receive reasonable adjustments to facilitate a student’s participation. This applies to:
- admission or enrolment in an institution
- participation in courses or programs
- use of facilities and services.
All education providers are bound by the DSE, including universities. The DSE protects any person with disability who is a past, current or prospective student in a institution. Individual staff members can be held liable if it is found that they deliberately or inadvertently discriminated against a student.
Under the DDA and DSE, education providers must take reasonable steps to ensure students with disability can participate in education on the same basis as a student without disability. Specifically, to ensure that:
- curriculum, teaching materials and assessment are appropriate to the needs of students and accessible to students
- course delivery modes and learning activities (including those not occurring in a classroom) take account of the learning capacities and needs of students and are sufficiently flexible to enable student participation
- where a course includes an activity in which the student cannot participate, an alternative activity is offered that provides an equivalent experience within the context of the overall aims of the course
- study materials are available in an appropriate format for students and the student is not disadvantaged by the time taken for any conversion that is required
- teaching strategies are adjusted to meet the learning needs of students and address any disadvantage in the student’s learning that results from their disability. This includes the provision of additional support or the development of disability-specific skills
- assessment procedures are adapted to enable students to demonstrate the knowledge, skills or competencies being assessed.
You would like to learn more? Check the Australian Disability Clearinghouse on Education and Training (ADCET) webpage to read more about the DDA and DSE.
References
Australian Disability Clearinghouse on Education and Training (ADCET). Retrieved from https://www.adcet.edu.au/inclusive-teaching/understanding-disability/legislation-standards
Disability Discrimination Act 1992 (Cwth) (Aust.). Retrieved from https://www.legislation.gov.au/Details/C2018C00125