Australian Disability Clearinghouse on Education and Training

Your rights

Legislation

The South Australian Equal Opportunity Act 1984 and the Commonwealth Disability Discrimination Act 1992 (the Act) makes discrimination on the basis of disability unlawful in a number of areas of life, including education.

For full information about your rights get a copy of the Act and A User Guide to the Disability Discrimination Act, published in 1995 by the Villamanta Publishing Service. A copy of this publication, the Act and other information about the Disability Discrimination Act is available on the HEROC website at http://www.hreoc.gov.au/disability_rights/

TAFESA and Universities’ policies

The South Australian TAFE sector and universities support the right of people with disabilities to a full and equitable participation in education, and to protection from unlawful discrimination.

TAFESA and the universities are committed to providing an accessible and supportive learning environment for students with disabilities.

Defining disability

The Disability Discrimination Act states that disability means:

• total or partial loss of the person’s bodily or mental functions; or
• total or partial loss of a part of the body; or
• the presence in the body of organisms causing disease or illness; or
• the presence in the body of organisms capable of causing disease or illness; or
• the malfunction, malformation or disfigurement of a part of the person’s body; or
• a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or
• 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:
• presently exists; or
• previously existed but no longer exists; or
• may exist in the future; or
• is imputed to a person

Your responsibilities

Speak up about your needs

Every reasonable effort will be made by the TAFESA or university to ensure that your support requirements are met, but you need to speak up about your needs — unless they are known they cannot be met. Much depends on you. Make enquiries as early as possible as organising support takes time. Timing is crucial.

Importance of disclosure

Though the TAFESA sector and universities understand and respect your rights not to disclose your disability, you need to consider the impact this might have on your support needs. The institute you are studying at can only plan for your support if your needs are known. Information about your disability will remain confidential unless you agree to disclose it or the TAFESA or university has the legal obligation of ‘duty of care’. In the unlikely event that such a case arises, you will be informed of that decision.

Remember that under the South Australian Equal Opportunity Act 1984 and the Commonwealth Disability Discrimination Act 1992 it is illegal for an educational institution to discriminate against you on the basis of your disability.

Verification of disability

Each TAFESA and university may require written verification of your disability. This can be supplied by the professional of your choice (for example, general practitioner, medical specialist, allied health professional, student advisers within the Department of Education, Training and Employment, the Royal Society for the Blind and the Royal South Australian Deaf Society). Contact the disability liaison officer or student services officer at your institution for further information about verification.