Document ID: chunk:federal_register_of_legislation:F2005L00767:body:0:p9
Version: federal_register_of_legislation:F2005L00767
Segment Type: other
Provision Reference: 
Character Range: 21100–23940

(a); or
 (ii) an educational authority that administers the educational institution.

Rights given by this Part

The effect of the following standards is to give prospective students with disabilities the right to enrol in an educational institution on the same basis as prospective students without disabilities, including the right to reasonable adjustments that are necessary to ensure that they are able to so enrol on the same basis as prospective students without disabilities.

4.2 Enrolment standards

 (1) The education provider must take reasonable steps to ensure that the prospective student is able to seek admission to, or apply for enrolment in, the institution on the same basis as a prospective student without a disability, and without experiencing discrimination.

 (2) The provider must ensure that, in making the decision whether or not to offer the prospective student a place in the institution, or in a particular course or program applied for by the prospective student, the prospective student is treated on the same basis as a prospective student without a disability, and without experiencing discrimination.

 (3) The provider must:
 (a) consult the prospective student, or an associate of the prospective student, about whether the disability affects the prospective student's ability to seek admission to, or apply for enrolment in, the institution; and
 (b) in the light of the consultation, decide whether it is necessary to make an adjustment to ensure that the prospective student is able to seek admission to, or apply for enrolment in the institution, on the same basis as a prospective student without a disability; and
 (c) if:
 (i) an adjustment is necessary to achieve the aim mentioned in paragraph (b); and
 (ii) a reasonable adjustment can be identified in relation to that aim;
  make a reasonable adjustment for the student in accordance with Part 3.

 (4) For this section, the provider has taken reasonable steps to comply with subsection (1) if the provider has complied with subsection (3).

Note   See Part 10 for exceptions to the legal obligations set out in the standards. These include a provision that it is not unlawful for a provider to fail to comply with a standard if, and to the extent that, compliance would impose unjustifiable hardship on the provider (section 10.2).

4.3 Measures for compliance with standards

  Measures that the education provider may implement to enable the prospective student to seek admission to, or apply for enrolment in, the institution on the same basis as a prospective student without a disability include measures ensuring that:
 (a) information about the enrolment processes:
 (i) addresses the needs of students with disabilities; and
 (ii) is accessible to the student and his or her associates; and
 (iii) is made available in a range of