The Disability Discrimination Act 1992 (DDA) provides protection against direct and indirect discrimination based on disability. Under the legislation the nature of a persons disability does not matter and relatives, friends and carers of a person with a disability are protected if they are discriminated against. The legislation also covers harassment if a person is being taunted or hassled due to their disability. Section 22 of the Act covers discrimination in education and makes it unlawful to discriminate on the following grounds:
- against a person on the grounds of their disability or their associates
- by refusing or failing to accept a persons application for admission as a student
- in the terms of conditions on which an application is prepared to admit a person as a student
- by denying or limiting a student access to any benefit provided by an educational authority
- by expelling the student
- by subjecting the student to any other detriment
Direct discrimination occurs when a person or a group of people are treated less favourably than another person or group of people in the same circumstances.
Indirect discrimination can be described as a requirement or rule that is the same for everyone but has the result of unfairly excluding or disadvantaging a group of people in an unreasonable manner.
Under the Disability Discrimination Act 1992 it is also discrimination to treat a person with a disability less favourably because they use an assistive device, are accompanied by an interpreter, reader, assistant or carer or by a guide dog, hearing dog or other animal trained to provide assistance.
Most education providers have codes of practice or policies relating to students with disabilities. There is also a national code of practice for Australian tertiary institutions regarding students with disabilities. This document sets out minimum standards, operating guidelines and good practice examples to ensure that students with disabilities at tertiary institutions are treated in a non discriminatory manner and that all staff and organisational units exercise responsibility for equity provision. The code also addresses the rights and responsibilities of staff and students, reasonable adjustment processes, selection, admission and enrolment procedures and policy implementation and development.