Professional Documents
Culture Documents
EDUCATION 2005
Background What the Standards do
The Disability Standards for Education (the A primary objective of the Standards is to make
Standards) came into effect on 18 August 2005. rights and responsibilities in education and
The Standards seek to ensure that students training easier to understand. The Standards
with disability can access and participate in cover enrolment, participation, curriculum
education on the same basis as other students. development, accreditation and delivery,
student support services and elimination of
On the same basis means that a student with harassment and victimisation.
disability must have opportunities and choices
which are comparable with those offered to Each part of the Standards sets out the:
students without disability. This applies to: rights of students with disability in
admission or enrolment in an institution relation to education and training to
participation in courses or programs help people understand what is fair and
use of facilities and services. reasonable under the Standards
the legal obligations or responsibilities
The Standards clarify the obligations of
of education providers
education and training providers, and the rights
measures that may be implemented to
of people with disability, under the Disability
comply with the requirements of the
Discrimination Act 1992 (DDA). The Standards
Standards.
are subordinate legislation made under the
DDA. All education providers are bound by the
Standards: preschools and kindergartens, public
Guidance Notes to the Standards provide and private schools, public and private
additional explanatory material, including education and training places and tertiary
background information and comments institutions including TAFEs and universities.
intended to help people interpret and comply
with the Standards. Under the Standards, education providers have
three main types of obligations. They must:
consult
make reasonable adjustments
eliminate harassment and victimisation.
Consultation Education providers are required only to make
Education providers must consult in order to reasonable adjustments. Schools can draw upon
understand the impact of a student's disability a broad range of resources to provide
and to determine whether any adjustments or reasonable adjustments including resources,
changes are needed to assist the student. materials and programs that may be in the form
Although the Standards are not prescriptive of targeted funding through a disability
about the process, consultation could include: program, ongoing school funding or a
talking with the student and their family redirection of general school resources to
members or carers, to get ideas about the address the needs of students with disability.
type of assistance that is needed Other options include support through student
discussing ways to overcome the barriers services and allied health staff, specialist and
and the adjustments that could be made targeted curriculum material and use of
by the education provider and whether expertise within the school or network.
these adjustments are reasonable
providing any relevant medical and The Standards do not require changes to be
therapist reports that help to explain the made if this would impose unjustifiable
disability and the needs and supports that hardship on the education provider.
can help All relevant circumstances are to be taken into
providing written advice about the issues account when assessing unjustifiable hardship
discussed during the consultation and the including:
decisions made; including specifying a date benefit or detriment to any persons
for notifying the student about what concerned
adjustments will or will not be made disability of the person
meeting regularly to make sure all is going financial circumstances of the
well and change supports if needed and education provider.
keeping records of these meetings. Exceptions from the legal obligations in the
The obligation to consult continues for the Standards are set out in Part 10. In cases where
whole time that the student is involved with the a provider decides that an exception applies, it
education provider. is the responsibility of the provider to
demonstrate how the exception operates.
Reasonable adjustments However, the exception of unjustifiable
The Standards set out a process whereby hardship does not apply to harassment or
education providers can meet the obligation to victimisation.
make reasonable adjustments where necessary.
Eliminating discrimination
An adjustment is a measure or action taken to The Standards require that education providers
assist a student with disability to participate in develop and implement strategies to prevent
education and training on the same basis as harassment and victimisation of people with
other students. disability. Harassment in this case means an
action taken in relation to people with disability
An adjustment is reasonable if it achieves this
that is reasonably likely to humiliate, offend,
purpose while taking into account the students
intimidate or distress the person. Harassment
learning needs and balancing the interests of all
and victimisation of students with disability is
parties affected, including those of the student
unlawful and education providers must take all
with disability, the education provider, staff and
reasonable steps to prevent this from
other students.
happening.
The process of consultation outlined is an
integral part of ensuring that providers are
meeting their obligations in relation to
reasonable adjustments.
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An education provider must take reasonable
In addition, most states and territories have
steps to ensure that staff and students are
equal opportunity legislation. People who wish
informed about:
to lodge a complaint about discrimination can
the obligation not to harass or victimise choose to complain under the Commonwealths
students with disability, or their associates Australian Human Rights Commission Act 1986
the appropriate action to be taken if or the relevant state/territory legislation.
harassment or victimisation occurs
complaint mechanisms available to a
student who is harassed or victimised in More information
relation to a disability of the student or of The Department of Education website includes
an associate of the student. copies of the Standards and Guidance Notes
An education provider that has no strategy or (www.education.gov.au/disability-standards-
program to prevent or remove harassment and education). Information on rights and
victimisation, simply because it was not aware requirements under the Standards is provided
that these were occurring, is not likely to be in the following table.
able to establish a defence under the Standards
or the DDA. Unjustifiable hardship is not
available as a defence where a provider fails to
comply with the Standards for harassment and
victimisation.
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Table 1: Rights and Requirements under the Standards