International students are covered by the DDA (Disability Discrimination Act 1992). Coverage is NOT limited to those who are permanent Australian residents or citizens. The DDA also covers the actions of recruiting agents and Australian staff working overseas, and prohibits discrimination on the basis of disability at the stage of recruiting students. International students who experience injury or a disability after they have entered the country are covered by the DDA.
Students wishing to study in Australia, who are not Australian citizens, must apply for the Student (Temporary) Visa. Visas are administered under the Migration Act (1958) which is exempt from most of the provisions of the DDA. Discrimination can occur legally with regard to the granting of visas, based on a consideration of the public (primarily economic) interest. An applicant for a visa may be rejected on the basis of a medical report that indicates a disability that may involve costly accommodations.
Where international students meet all of the entry criteria admission procedures must not be discriminatory. Refusal of entry is only possible when the applicant for a visa does not meet the criteria under the public interest clause of the Migration Act (1958), or if the institution itself can identify unjustifiable hardship.
Educational institutions are not obliged to accept students who do not meet the assessed essential requirements of the course which includes proficiency in English language or suitable English alternatives (Auslan or signed English).
Accessing student services
Fee paying international students have right of access to the full range of services typically provided to Australian students, including counselling services.
Promotional literature, application and enrolment forms should encourage potential students to advise of any disability support services or accommodations required, so that universities can plan for provision of support. Students should be reassured that this will not prejudice their application.
Overseas students are required by the Department of Education, Employment and Workplace Relations (DEEWR) to take out private health insurance and provide for their own medical expenses.
Funding for disability support services and accommodations
Under the Higher Education Funding Act, 1988 (HEFA) resources provided to institutions by the Commonwealth for the education of Australian students cannot be used for the specific provision of services for fee paying international students. Neither can international students be charged on an individual basis for accommodations or disability support services provided to them by the university.
Fees charged to international students must be sufficient to cover all services provided. Some institutions have developed procedures whereby a small percentage of the fees paid by international students is held in a separate fund and used to pay for disability support services when the need arises.
The Australian Government requires international students to be covered by health insurance and maintain cover for the length of their student visa. Students must purchase an Overseas Students Health Cover (OSHC) policy, approved by the Australian Department of Health and Aged Care, from a registered health benefits organisation.
Education for Overseas Students (ESOS) Act
The rights and responsibilities of international students are covered by the Education for Overseas Students (ESOS) Act, and its associated National Code. This legislation is designed to ensure that students receive the education they have paid for, and that they have access to the services they need to succeed academically. It also supports education providers to monitor student compliance and visa conditions.
A revised national code of practice was introduced in July 2007. Included is the need for registered providers to provide orientation programs that inform students about services available, facilities and resources, and the appropriate complaints and appeals processes.
Providers need to ensure that students have the capability (including qualifications, experience and language proficiency) to complete the course and receive the qualification they are enrolling in. Notification needs to be made if courses are varied.
Education providers eligible to deliver education to overseas students register with the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).