Document ID: chunk:federal_register_of_legislation:F2005L00767:body:0:p1
Version: federal_register_of_legislation:F2005L00767
Segment Type: other
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Character Range: 0–3102

Disability Standards for Education 2005

I, PHILIP MAXWELL RUDDOCK, Attorney-General, formulate these Standards under paragraph 31 (1) (b) of the Disability Discrimination Act 1992.

Dated 17 March 2005

PHILIP RUDDOCK
Attorney-General

Contents

Introduction

Part 1 Preliminary

 1.1 Name of Standards
 1.2 Commencement
 1.3 Objects
 1.4 Definitions
 1.5 Who must comply with the Standards
 1.6 Construction of Standards

Part 2 Meaning of important terms

 2.1 Education providers
 2.2 Meaning of on the same basis

Part 3 Making reasonable adjustments

 3.1 Application of Part
 3.2 Meaning of student
 3.3 Adjustments
 3.4 Reasonable adjustments
 3.5 Consulting the student
 3.6 Deciding on an adjustment to be made
 3.7 Adjustments to be provided in reasonable time
 3.8 Relation to premises standards

Part 4 Standards for enrolment

 4.1 Application of Part
 4.2 Enrolment standards
 4.3 Measures for compliance with standards

Part 5 Standards for participation

 5.1 Application of Part
 5.2 Participation standards
 5.3 Measures for compliance with standards

Part 6 Standards for curriculum development, accreditation and delivery

 6.1 Application of Part
 6.2 Standards for curriculum development and accreditation and delivery
 6.3 Measures for compliance with standards

Part 7 Standards for student support services

 7.1 Application of Part
 7.2 Standards for support services
 7.3 Measures for compliance with standards

Part 8 Standards for harassment and victimisation

 8.1 Meaning of harassment
 8.2 Application of Part
 8.3 Standards for eliminating harassment and victimisation
 8.4 Harassment and victimisation provisions of the Act continue to apply
 8.5 Measures for compliance with standards

Part 9 Treatment of a person who has an associate with a disability

 9.1 Act continues to apply in relation to person who has associate with a disability

Part 10 Exceptions

 10.1 Exceptions
 10.2 Unjustifiable hardship
 10.3 Acts done under statutory authority
 10.4 Protection of public health
 10.5 Special measures

Part 11 Review

 11.1 Timetable for review

Introduction

These Standards are formulated by the Commonwealth Attorney-General under the Commonwealth Disability Discrimination Act 1992 (the Act).

The Act seeks to eliminate, as far as possible, discrimination against people with disabilities. Under section 22 of the Act, 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 associates of that person. Section 31 of the Act enables the Attorney-General to formulate disability standards in relation to a range of areas, including the education of persons with a disability.

The Standards are subordinate legislation and are subject to the objects of the Act. They clarify and elaborate the legal obligations in relation to education.

Under section 32 of the Act, it is unlawful for a person to contravene a disability standard. A complaint about an alleged contravention can be made to the Human Rights and Equal Opportunity Commission.