Legislative Context

Disability Discrimination Act

A range of federal and state legislation has implications for universities in providing for equitable treatment for people with disabilities.  Primary among these is the Disability Discrimination Act (DDA) which imposes legal obligations on institutions not to discriminate against people with disability.

In Section 22,  the DDA prohibits discrimination associated with enrolment in, or admission to, university.  This also includes providing an environment conducive to learning or extra-curricular activities.  This may necessitate making reasonable adjustments to teaching practices or environment.

The DDA uses a very broad definition of disability and defines discrimination in terms of less favourable treatment or less favourable consequences.  The Act covers direct and indirect discrimination in most areas of life in Australia.

Disability Standards for Education

The Act also promotes the development of disability standards such as the Disability Standards for Education and the development by organisations of Disability Action Plans.

AVCC Guidelines

In 2006 the AVCC (now known as Universities Australia)  developed Disability Guidelines, to assist universities in meeting the needs of students with disabilities by providing good practice guidelines across the spectrum of the student experience from recruitment and selection through to transition to employment. The Guidelines encompass the three key areas of policy and administration, teaching and learning and campus life and services.

Student & Staff Rights & Responsibilities

Students and staff have reciprocal rights and responsibilities under legislation, and the needs of both groups must be balanced in developing an inclusive university community.