Disability Standards for Education 2005

• Disability Standards for Education 2005 was formulated by the Commonwealth Attorney-General under the Disability Discrimination Act 1992 (the Act).
• The Act seeks to eliminate discrimination against people with disabilities as far as possible.
• It is unlawful for an educational authority to discriminate against a person on the ground of disability, including disabilities of associates.
• The Attorney-General can formulate disability standards for education under Section 31 of the Act.
• The standards are subordinate legislation, subject to the Act's goals, and clarify legal obligations in education.
• It is unlawful to contravene a disability standard under Section 32 of the Act, and complaints can be made to the Human Rights and Equal Opportunity Commission.
• Acting according to disability standards means Part 2 of the Act doesn't apply, and the action is not unlawful.

How the Standards Operate

• Parts 4 to 8 specify how education and training should be accessible to students with disabilities, covering enrollment, participation, curriculum, student support services, and harassment elimination.
• Each part includes a statement of the rights of students with disabilities, aiming to assist understanding and compliance.
• The parts describe the legal obligations of educational authorities, institutions, and providers, which they must comply with.
• The parts also describe measures that, if implemented, show compliance, but additional or alternative actions may be needed for full compliance.
• Compliance with the measures isn't required if the legal obligation is otherwise met.
• Parts 4-8 address students with disabilities, while Part 9 ensures Act provisions govern the treatment of persons associated with those who have a disability.
• Exceptions to legal obligations are in Part 10.
• A 5-year review period is mandated in Part 11.
• Guidance Notes accompany Standards to assist in interpretation.

Preliminary Matters

• The Standards are the Disability Standards for Education 2005.
• Standards take effect upon compliance with subsection 31 (3) or (4) of the Disability Discrimination Act 1992.
• Standards objects include eliminating discrimination, ensuring equal rights for people with disabilities, and promoting recognition of rights within the community.
• The Act means the Disability Discrimination Act 1992.
• Adjustment is defined by section 3.3 of the standards.
• Discrimination has a meaning corresponding to the meaning of discriminate.
• Education provider has the meaning given by section 2.1.
• Harassment has the meaning given by section 8.1.
• Prospective student refers to someone seeking admission or enrollment.
• Reasonable has the meaning given by section 3.4.
• Student refers to someone enrolled in an educational institution.
• Victimisation has the meaning given by section 42 of the Act.

Who Must Comply

• Education providers must comply with the standards, subject to section 12 of the Act.
• Bound providers include preschools, public and private sector schools, post-compulsory education and training authorities and providers, higher education providers, adult education providers, and curriculum developers.
• The Standards are construed to be within the power conferred by the Act, with provisions effective to the extent of that power.

Meaning of Important Terms

• An education provider is defined as an educational authority, institution, or curriculum/training course developer.

Meaning of "On the Same Basis"

• Students with disabilities can seek admission on the same basis as those without, if their opportunities and choices are comparable.
• Providers must make admission decisions considering reasonable adjustments in accordance with section 5.2.
• Refusing admission based on alternative institution or course availability isn't treating students on the same basis.
• Students with disabilities can participate in the courses, programs, facilities, and services on the same basis as students without disabilities if their opportunities and choices are comparable.

Making Reasonable Adjustments

• Part 3 sets out how a reasonable adjustment is identified, student includes a prospective student.
• Adjustment includes actions by education providers to assist students with disabilities to apply for admission/enrollment, participate in courses/programs, and use facilities/services on the same basis as non-disabled students.
• An adjustment is considered reasonable if it balances the interests of all affected parties.
• Assessments of reasonableness can change over time and require regard to the student's disability, views, and effects of the adjustment. Consulting the student, or an associate, is required.
• Providers are entitled to maintain the course's academic requirements.

Consulting the Student

• Before making an adjustment, providers must consult the student, or an associate, about reasonableness, the aim of the adjustment and alternative adjustments.

Deciding on an Adjustment

• Providers should consider the other reasonable adjustments; adjustments may need to change over time.
• Providers take reasonable steps to ensure that any adjustment required is made within reasonable time, depending on timely information provided.

Relation to Premises Standards

• The Standards do not affect the application of premises standards, building work includes new construction.

Standards for Enrolment

• This part applies to individuals with a disability who are prospective students for an educational program.
• The standards aim to give prospective students with disabilities the right to enroll in educational institutions on the same basis as students without disabilities.
• The provider must ensures that the student is treated on "the same basis".
• Providers must consult about the student's ability to seek admission.
• For this section, consulting the prospective student achieves reasonable steps.

Measures for Compliance With Standards

• Measures may enable prospective students to seek admission on equal terms through accessible enrollment information and procedures.

Standards for Participation

• This part applies to a student with disability that is enrolled in an educational institution.

Participation Standards

• A standard is to give students with disabilities the right to participate in the courses or programs.

• The education provider must ensure that the student can participate in the courses or programs.

• For this section, the process must be repeated.

Standards for Curriculum Development, Accreditation and Delivery

• This part applies to the learning experiences and education provider's accreditation on a course program.
• The standard is to give students with disabilities the right to participate in educational courses or programs.
• For this section, the process must be repeated.

Measures for compliance with standards

• Ensure that any activities which are not conducted in a classroom that is not part of the course is designed to include the student.

Standards for student support services

• This Part applies in relation to a student with a disability who is enrolled in an educational institution.

Standards for support services

• The effect of the standards is to give students with disabilities rights in relation to student support services on basis as students without disabilities.
• The provider must consult the student, about whether disability effects student ability, and in the light of that consultation a decision can be made.
• This needs to be updated as necessary.

Standards for harassment and victimisation

• According to the standards harassment means an action taken to humiliate, offend, intimidate or distress the person or associate.
• The provider must take steps that staffs are informed about the action to be taken if harassment occurs.
• Standards state that that it is unlawful for a staff member of an educational institution to harass student with a disability.

Measures for compliance with standards

• Ensure there's an environment free from harassment and victimisation.

Treatment of a person who has an associate with a disability

• It is relevant that an education provider must not discriminate against a person in admission to education on the ground of a person's associates.

Exceptions

• It is the responsibility of the provider to demonstrate that the exception operates.
• The provider must comply to the maximum extent not involving unjustifiable hardship.
• Providing special support services won't eliminate discrimination.

Review

• The Minister's job is to consult the standards and attorney general within 5 years after commencement.