Document ID: chunk:federal_register_of_legislation:F2005L00767:body:0:p16
Version: federal_register_of_legislation:F2005L00767
Segment Type: other
Provision Reference: 
Character Range: 39197–42036

that is reasonably likely, in all the circumstances, to humiliate, offend, intimidate or distress the person; and
 (b) in relation to a person who has an associate with a disability, includes an action taken in relation to the associate's disability that is reasonably likely, in all the circumstances, to humiliate, offend, intimidate or distress the person or the associate.

Note   Harassment in education or training is unlawful under sections 37 and 38 of the Act.

8.2 Application of Part

  This Part applies in relation to an education provider that is:
 (a) an educational institution; or
 (b) an educational authority that administers the educational institution;
if either:
 (c) a student with a disability is enrolled in the educational institution; or
 (d) the provider has a reasonable expectation that a student with a disability may enrol in the educational institution.

Rights given by this Part

The effect of the following standards is to require strategies and programs to support the right of students with disabilities to education or training in an environment that is free from discrimination caused by harassment or victimisation on the basis of their disability.

The standards also support the right of students who have associates with disabilities to an educational environment free from discrimination, harassment or victimisation in relation to those disabilities.

Note   The exception set out in section 10.2, relating to compliance that imposes unjustifiable hardship on an education provider, does not apply to a requirement in this Part.

8.3 Standards for eliminating harassment and victimisation

 (1) An education provider must develop and implement strategies and programs to prevent harassment or victimisation of a student with a disability, or a student who has an associate with a disability, in relation to the disability.

 (2) The provider must take reasonable steps to ensure that its staff and students are informed about:
 (a) the obligation not to harass or victimise students with disabilities, or students who have associates with disabilities; and
 (b) the appropriate action to be taken if harassment or victimisation occurs; and
 (c) complaint mechanisms available to a student who is harassed or victimised in relation to a disability of the student or of an associate of the student.

8.4 Harassment and victimisation provisions of the Act continue to apply

  For section 34 of the Act, an action that contravenes section 37, 38 or 42 of the Act is not an action in accordance with these Standards.

Note   Section 37 of the Act makes it unlawful for 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