Document ID: chunk:federal_register_of_legislation:F2005L00767:body:0:p4
Version: federal_register_of_legislation:F2005L00767
Segment Type: other
Provision Reference: 
Character Range: 7952–11231

person without the disorder or malfunction; or
(g) a disorder, illness or disease that affects a person's thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour;
and includes a disability that:
(h) presently exists; or
(i) previously existed but no longer exists; or
(j) may exist in the future; or
(k) is imputed to a person.
discriminate has the meaning given by sections 5 to 9 of the Act.

educational authority means a body or person administering an educational institution.

educational institution means a school, college, university or other institution at which education or training is provided.

1.5 Who must comply with the Standards

  These Standards apply to education providers, subject to section 12 of the Act, and have effect as if they were limited application provisions under that section.

Note 1   Education providers, bound by the Standards, include the following:
(a) preschools, including kindergartens (but not child-care providers);
(b) schools in the public sector;
(c) schools registered through school registration authorities in the private sector;
(d) post-compulsory education and training authorities and providers, including:
(i) State or Territory Training Authorities; and
(ii) public providers that deliver education and training; and
(iii) private training providers, including business colleges, enterprises and commercial training businesses; and
(iv) community-based not-for-profit providers; and
(v) industry skill centres; and
(vi) Registered Training Organisations and group training providers that have satisfied the national criteria for provision of services and have been registered by a State or Territory training authority;
(e) higher education providers, including:
(i) universities, that is, self-accrediting higher education institutions, established under State, Territory or Commonwealth legislation; and
(ii) any other organisations that offer higher education level courses and are accredited or approved under the relevant State or Territory legislation;
(f) providers of adult and community education;
(g) bodies whose purpose is the development and accreditation of curricula, training packages or courses used by education authorities, institutions or providers, including:
(i) authorities that accredit school education; and
(ii) organisations that endorse training packages within the Australian Qualifications Framework; and
(iii) authorities that accredit courses; and
(iv) State and Territory recognition agencies.

Note 2   An education provider is responsible for defining the purposes and outcomes of the educational services it provides. These responsibilities are set out in legislation, regulations, published rules and guidelines that determine curricula, courses, training packages, accreditation and assessment.

Note 3   The Standards apply to education providers delivering education and training through a range of modes including in-class tuition, distance education, flexible delivery, computer-assisted learning, on-line delivery, part-time study for post-compulsory students and the various combinations of these modes, and on-the-job training.

1.6 Construction of Standards

 (1) These Standards are intended to be within the power conferred