Archdiocese of Canberra and Goulburn
Catholic Education Office

Disability Discrimination Act (1992)

Related Policies:

Purpose:

Disability Discrimination Act (1992)

Introduction

The Federal Disability Discrimination Act (1992) (DDA) came into effect on 1 March, 1993. The DDA makes discrimination based on disability unlawful in many areas of life, including: education, employment, access to premises, and the provision of goods, services and facilities.

The DDA applies to school authorities and their employees

Definitions:

The Definition of Disability

The definition of disability in the DDA is intended to be as broad as possible, to ensure that no one who is discriminated against because of disability is left without a remedy because of definitional problems.

The definition includes physical, intellectual, psychiatric, sensory, neurological or learning disabilities, physical disfigurement, and the presence in the body of a disease-causing organism (eg HIV virus).

The definition provides for disabilities which people have now, had in the past, may have in the future or which they are believed to have.

The definition of disability under the DDA is broader than the CEO definition which is aligned to Australian Government requirements. Refer to Section 3 of the 2004 Special Needs Learning Support Handbook.

Meaning of Discrimination

Discrimination means treating people with a disability less favourably than people without that disability would be treated under the same circumstances.

Discrimination also exists where there is a condition or requirement imposed, which may be the same for everyone but which unfairly excludes or disadvantages people with a disability (eg., in education, or access to goods or services).

Different treatment of people with a disability is not unlawful discrimination where it is reasonably intended to ensure that they have equal opportunities, or to meet their special needs.

Discrimination in Education

It is unlawful for an educational authority to discriminate against a person on the ground of the person's disability or a disability of any of the other person's associates:

• by refusing or failing to accept the person's application for admission as a student; or
• in the terms or conditions on which it is prepared to admit the person as a student.

However, the DDA does not render it unlawful to refuse or fail to accept a person's application for admission as a student at an educational institution where the person, if admitted as a student by the educational authority, would require services or facilities that are not required by students who do not have a disability and the provision of which would impose unjustifiable hardship on the educational authority (see below).

It is unlawful for an educational authority to discriminate against a student on the ground of the student's disability or a disability of any of the student's associates:

• by denying the student access, or limiting the student's access, to any benefit provided by the educational authority; or
• by expelling the student; or
• by subjecting the student to any other detriment.

The DDA does not render it unlawful to discriminate against a person on the ground of the person's disability in respect of admission to an educational institution established wholly or primarily for students who have a particular disability where the person does not have that particular disability.

Unjustifiable Hardship

For the purposes of the DDA, in determining what constitutes unjustifiable hardship, all relevant circumstances of the particular cases are to be taken into account including:

• the nature of the benefit or detriment likely to accrue or be suffered by any persons concerned; and
• the effect of the disability of a person concerned; and
• the financial circumstances and the estimated amount of expenditure required to be made by the person claiming unjustifiable hardship; and
• in the case of the provision of services, or the making available of facilities - an action plan given to the Human Rights and Equal Opportunity Commission.

Enrolment of Disabled Students in Archdiocesan Schools

Principals must refer to the procedures outlined in Section 6 and Appendix G of the 2004 CEO Special Needs Learning Support Handbook when responding to enrolment applications from students with disabilities who seek to be included into the school.

In particular, Principals should note the procedures for an enrolment panel for each student with a disability. The Special Needs Education Officer must be involved in the enrolment process for students with special needs as indicated in the 2004 Special Needs Learning Support Handbook (6.1 and 6.6).

Harassment in Education

It is unlawful for a person who is a member of the staff of an educational institution to harass another person who:

• is a student at that educational institution or is seeking admission to that educational institution as a student; and
• has a disability.

Teasing of disabled persons is considered to be a cruel and discriminatory act.

Complaints about Unlawful Discrimination

The Commonwealth Disability Discrimination Commissioner, who is a member of the Human Rights and Equal Opportunity Commission (HREOC), is responsible for handling complaints. Complaints can be lodged:

• by a person directly affected by discrimination; or
• on behalf of someone affected by discrimination.

HREOC staff can give confidential information over the telephone, however a formal complaint must be made in writing. There is no fee for lodging a complaint.

HREOC will investigate any complaints that are within its jurisdiction. Where a complaint appears to involve an unlawful act of discrimination, the Commonwealth Disability Discrimination Commissioner will attempt to reach a settlement by conciliation.

Where a complaint cannot be resolved by conciliation, a formal determination can be made by HREOC. Other unresolved complaints may be determined through the Federal Court.

If a Principal is aware of a complaint or a pending complaint being lodged with HREOC or at other formal levels, the Director must be notified.

Education Standards

The Education Standards were introduced as sub-ordinate legislation of the DDA through the Senate in February 2005. The intention of the standards is to both provide greater certainty for education providers as to their obligations and clarify the rights of persons with disabilities.

References:

Disability Discrimination Act (1992)

Special Needs Learning Support Handbook (2004)

Forms:

Nil

Last updated on December 2, 2006