Document ID: chunk:federal_register_of_legislation:F2005L00767:body:0:p6
Version: federal_register_of_legislation:F2005L00767
Segment Type: other
Provision Reference: 
Character Range: 13505–16210

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, or if all students with disabilities are treated in the same way.

Part 3 Making reasonable adjustments

3.1 Application of Part

  This Part sets out how a reasonable adjustment is to be identified for the purposes of paragraphs 4.2 (3) (c), 5.2 (2) (c), 6.2 (2) (c), 7.2 (5) (c) or 7.2 (6) (c).

3.2 Meaning of student

  For this Part:
student includes a prospective student.

3.3 Adjustments

  For these Standards, each of the following is an adjustment:
 (a) a measure or action (or a group of measures or actions) taken by an education provider that has the effect of assisting a student with a disability:
 (i) in relation to an admission or enrolment — to apply for the admission or enrolment; and
 (ii) in relation to a course or program — to participate in the course or program; and
 (iii) in relation to facilities or services — to use the facilities or services;
  on the same basis as a student without a disability, and includes an aid, a facility, or a service that the student requires because of his or her disability;
 (b) an adjustment mentioned in subsection 7.2 (4);
 (c) if a change is made to an adjustment mentioned in paragraph (a) or (b) — the adjustment as affected by the change.

3.4 Reasonable adjustments

 (1) For these Standards, an adjustment is reasonable in relation to a student with a disability if it balances the interests of all parties affected.

Note   Judgements about what is reasonable for a particular student, or a group of students, with a particular disability may change over time.

 (2) In assessing whether a particular adjustment for a student is reasonable, regard should be had to all the relevant circumstances and interests, including the following:
 (a) the student's disability;
 (b) the views of the student or the student's associate, given under section 3.5;
 (c) the effect of the adjustment on the student, including the effect on the student's:
 (i) ability to achieve learning outcomes; and
 (ii) ability to participate in courses or programs; and
 (iii) independence;
 (d) the effect of the proposed adjustment on anyone else affected, including the education provider, staff and other students;
 (e) the costs and benefits of making the adjustment.

Note   A detailed assessment, which might include an independent expert assessment, may be required in order to determine what adjustments are necessary for a student. The type and extent of the adjustments may vary depending on the individual requirements of