Document ID: chunk:federal_register_of_legislation:F2005L00767:body:0:p17
Version: federal_register_of_legislation:F2005L00767
Segment Type: other
Provision Reference: 
Character Range: 41811–44637

a member of staff of an educational institution to harass a student or prospective student with a disability.

Section 38 of the Act makes it unlawful for a member of staff of an educational institution to harass a student or prospective student who has an associate with a disability.

Section 42 of the Act makes it an offence to victimise a person for acting to assert or support a right given by the Act.

8.5 Measures for compliance with standards

  Measures that the education provider may implement to enable the student to participate in education and training in an environment free from harassment and victimisation include measures ensuring that:
 (a) the provider's policies, procedures and codes of conduct for its staff and students explicitly prohibit harassment and victimisation of students with disabilities, on the basis of disability, including:
 (i) the need for individual strategies and adjustments for a student; and
 (ii) the need to use such supports as a wheelchair, hearing aid, breathing support, an interpreter, a reader, an assistant or carer or a guide or hearing dog, or other appropriately trained animal; and
 (b) the policies, procedures and codes of conduct for staff and students explicitly prohibit harassment and victimisation of the associates of students with disabilities, on the basis of disability; and
 (c) the procedures for handling any cases or complaints of harassment and victimisation relating to disability are fair, transparent and accountable; and
 (d) the provider's students and staff are effectively informed and reminded, at appropriate intervals, of their rights and responsibilities in maintaining an environment free from harassment and victimisation on the basis of disability; and
 (e) the professional development programs offered to the provider's staff ensure that policies, procedures and codes of conduct, including matters of harassment and victimisation, are known and understood by staff, and that staff are trained to detect, and deal with, harassment in education and training settings; and
 (f) any cases or complaints of harassment or victimisation on the basis of disability are handled promptly and with due regard to the severity of the matter.

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

  For section 34 of the Act, an action that contravenes the provisions of section 22 of the Act in relation to a person who has an associate with a disability is not an action in accordance with these Standards.

Note   The relevant provisions of section 22 of the Act provide that an educational authority must not discriminate against a person in admission to an education institution, or as a student, on the ground of a disability of any