Document ID: chunk:federal_register_of_legislation:F2005L00767:body:0:p5
Version: federal_register_of_legislation:F2005L00767
Segment Type: other
Provision Reference: 
Character Range: 10914–13723

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 by the Act, and are to be construed accordingly.

 (2) A provision that, despite subsection (1), cannot be construed as being entirely within the power conferred by the Act has effect to the extent that it is within that power.

Part 2 Meaning of important terms

2.1 Education providers

  For these Standards, an education provider is:
 (a) an educational authority; or
 (b) an educational institution; or
 (c) an organisation whose purpose is to develop or accredit curricula or training courses used by other education providers.

2.2 Meaning of on the same basis

 (1) A person with a disability is able to seek admission to, or apply for enrolment in, an institution on the same basis as a prospective student without a disability if the person has opportunities and choices in admission or enrolment that are comparable with those offered to other prospective students without disabilities.

Note   This subsection is relevant to subsection 4.2 (1).

 (2) An education provider treats a prospective student with a disability on the same basis as a prospective student without a disability if the provider makes any decisions about admission or enrolment on the basis that reasonable adjustments will be provided in accordance with section 5.2.

Note 1   This subsection is relevant to subsection 4.2 (2).

Note 2   An education provider that:
(a) refuses a prospective student with a disability a place in the institution, or in the particular course or program applied for by the prospective student, on the ground that the student would be able to enrol in another institution, or in a course or program at another institution; and
(b) does not refuse students without disabilities places on the same ground;

does not treat a prospective student on the same basis as a prospective student without a disability.

 (3) A person with a disability is able to participate in courses or programs provided by an educational institution, and use the facilities and services provided by it, on the same basis as a student without a disability if the person has opportunities and choices in the courses or programs and in the use of the facilities and services that are comparable with those offered to other students without disabilities.

Note 1   This subsection is relevant to subsections 5.2 (1), 6.2 (1) and 7.2 (1).

Note 2   In some cases, students with disabilities will not be able to participate on the same basis as other students if all students are treated in the same way,