Document ID: chunk:federal_register_of_legislation:F2005L00767:body:0:p2
Version: federal_register_of_legislation:F2005L00767
Segment Type: other
Provision Reference: 
Character Range: 2854–5706

legal obligations in relation to education.

Under section 32 of the Act, it is unlawful for a person to contravene a disability standard. A complaint about an alleged contravention can be made to the Human Rights and Equal Opportunity Commission. Section 34 of the Act provides that, if a person acts in accordance with a disability standard, Part 2 of the Act does not apply to the person's action or, in other words, the person's action complies with the Act and is not made unlawful by it.

How the standards operate
The standards set out in Parts 4 to 8 of the Standards specify how education and training are to be made accessible to students with disabilities. They cover the following areas:
    * enrolment;
    * participation;
    * curriculum development, accreditation and delivery;
    * student support services; and
    * elimination of harassment and victimisation.

The Part for each area includes a statement of the rights, or entitlements, of students with disabilities in relation to education and training, consistent with the rights of the rest of the community. The statements of rights are included to assist people to understand, and comply with, the standards set out in the obligation provisions.

The Parts then describe the legal obligations, or responsibilities, of educational authorities, institutions and other education providers. These are the standards with which education providers must comply.

The Parts then describe measures that, if implemented, will be evidence of compliance with the legal obligation. The measures are examples of compliant actions and are performance based. However, the measures may not cover the needs of all students with disabilities, or all educational levels and contexts, and full compliance with the Standards may require additional or alternative actions. Further, compliance with the measures is not required if the legal obligation can be met in other ways.

Parts 4 to 8 of the Standards deal with the students with disabilities themselves; Part 9 provides that the provisions of the Act continue to govern the treatment of persons who have associates with a disability.

Part 10 of the Standards sets out exceptions to the legal obligations set out in Parts 4 to 8 of the Standards.

Part 11 of the Standards provides for 5 yearly reviews.

The Standards are accompanied by Guidance Notes which are intended to assist in interpreting them.

Part 1 Preliminary

1.1 Name of Standards

  These Standards are the Disability Standards for Education 2005.

1.2 Commencement

  These Standards take effect on the day on which the requirements of subsection 31 (3) or (4) of the Disability Discrimination Act 1992 are first complied with.

1.3 Objects

  The objects of these Standards are:
 (a) to eliminate, as far as possible, discrimination against persons on the