Document ID: chunk:federal_register_of_legislation:F2005L00767:body:0:p19
Version: federal_register_of_legislation:F2005L00767
Segment Type: other
Provision Reference: 
Character Range: 46971–49306

no requirement on providers to make unreasonable adjustments. The concept of unreasonable adjustment is different to the concept of unjustifiable hardship on the provider in section 10.2. Where the obligation to make a reasonable adjustment none‑the‑less imposes unjustifiable hardship on the provider, section 10.2 will operate. The concepts of reasonable adjustment and unjustifiable hardship seek to provide a balance between the interests of providers and others, and the interests of students with disabilities.

10.3 Acts done under statutory authority

  These Standards do not render unlawful anything done in the circumstances described in section 47 of the Act.

10.4 Protection of public health

  These Standards do not render it unlawful for an education provider to isolate, or discriminate against, a student with a disability if the disability is an infectious disease or other condition and it is reasonably necessary to so isolate or discriminate to protect the health and welfare of the student with a disability or the health and welfare of others.

10.5 Special measures

 (1) These Standards do not render it unlawful for an education provider to provide special measures (including specialised units or institutions) intended specifically for the benefit of students with disabilities.

 (2) In this section:
special measure means an act mentioned in section 45 of the Act.

Note   Special measures are intended specifically for the benefit of students with disabilities, and can take the form of programs or initiatives that afford students with disabilities, or with a particular disability, benefits, grants, programs, goods, or access to facilities, services or opportunities to meet their special needs in relation to education and training. However, providing specialised support services will not necessarily be sufficient to eliminate discrimination.

Part 11 Review

11.1 Timetable for review

  The Minister for Education, Science and Training, in consultation with the Attorney-General, must:
 (a) within 5 years after the commencement of these Standards, conduct a review of the effectiveness of these Standards in achieving their objects, including a consideration of whether any amendments are desirable; and
 (b) conduct further reviews to be completed at intervals of not more than 5 years.