Disability Discrimination Amendment (Education Standards) Act 2005
No. 19, 2005
An Act to amend the Disability Discrimination Act 1992, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendment of the Disability Discrimination Act 1992
Disability Discrimination Amendment (Education Standards) Act 2005
No. 19, 2005
An Act to amend the Disability Discrimination Act 1992, and for related purposes
[Assented to 1 March 2005]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Disability Discrimination Amendment (Education Standards) Act 2005.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 1 March 2005 |
2. Schedule 1 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 10 August 2005 (see F2005L01968) |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendment of the Disability Discrimination Act 1992
1 Subsection 4(1)
Insert:
education provider means:
(a) an educational authority; or
(b) an educational institution; or
(c) an organisation whose purpose is to develop or accredit curricula or training courses used by other education providers referred to in paragraph (a) or (b).
2 After subsection 22(2)
Insert:
(2A) It is unlawful for an education provider to discriminate against a person on the ground of the person’s disability or a disability of any of the person’s associates:
(a) by developing curricula or training courses having a content that will either exclude the person from participation, or subject the person to any other detriment; or
(b) by accrediting curricula or training courses having such a content.
3 Subsection 22(4)
Repeal the subsection, substitute:
(4) This section does not make it unlawful for an education provider to discriminate against a person or student as described in subsection (1), (2) or (2A) on the ground of the disability of the person or student or a disability of any associate of the person or student if avoidance of that discrimination would impose an unjustifiable hardship on the education provider concerned.
4 After subsection 31(1)
Insert:
(1A) For the avoidance of doubt, disability standards may require a person or body dealing with persons with disabilities to put in place reasonable adjustments to eliminate, as far as possible, discrimination against those persons.
(1B) Disability standards in relation to the education of persons with disabilities may require education providers to develop strategies and programs that prevent harassment or victimisation of persons with disabilities, in relation to those disabilities.
(1C) For the avoidance of doubt, unjustifiable hardship does not excuse an education provider from complying with a requirement made by disability standards under subsection (1B). This does not affect (by implication) the operation of section 32 in relation to other contraventions of disability standards.
[Minister’s second reading speech made in—
Senate on 17 November 2004
House of Representatives on 17 February 2005]
Overview
The Disability Discrimination Amendment (Education Standards) Act 2005, enacted by the Parliament of Australia, was introduced to address the gap in the existing legal framework concerning the rights of students with disabilities in the education sector. The Act aims to amend the Disability Discrimination Act 1992, particularly focusing on education providers to ensure they do not discriminate against students with disabilities or their associates. The primary policy objective is to establish clear legal standards that mandate education providers to take reasonable measures to prevent discrimination and harassment, while also acknowledging the exemption for unjustifiable hardship. The Act received Royal Assent on 1 March 2005, with specific provisions commencing on 10 August 2005.
Scope and Application
The Disability Discrimination Amendment (Education Standards) Act 2005 amends the Disability Discrimination Act 1992 to enhance protections and standards for students with disabilities in educational settings. This Act applies to educational authorities, educational institutions, and organisations developing or accrediting curricula or training courses, collectively termed "education providers". It specifically addresses unlawful discrimination against students on the basis of disability or disability of their associates, prohibiting actions that exclude students from participation or subject them to detriment. The Act extends to the Commonwealth, providing a national framework for disability discrimination in education. It does not, however, apply to conduct that would impose an unjustifiable hardship on the education provider, a threshold that can be further defined through disability standards. These standards may also mandate reasonable adjustments and strategies to prevent harassment or victimisation of students with disabilities, ensuring education providers implement measures to foster an inclusive educational environment. The Act's provisions commenced on various dates from its Royal Assent on 1 March 2005, with specific sections and Schedules coming into effect on 10 August 2005.
Key Provisions
The Disability Discrimination Amendment (Education Standards) Act 2005 (C2005A00019) amends the Disability Discrimination Act 1992 (Cth) to introduce specific provisions regarding education providers and the rights of individuals with disabilities. Section 1 of the Act defines "education provider" broadly to include educational authorities, educational institutions, and organisations that develop or accredit curricula or training courses used by other education providers (Section 1(1)). The Act then goes on to prohibit education providers from discriminating against individuals on the grounds of disability, or the disability of an associate, by developing or accrediting curricula or training courses that would exclude participation or subject the individual to detriment (Section 2(2A)). These provisions ensure that education providers cannot create or endorse educational materials or programs that unfairly disadvantage individuals with disabilities.
The Act imposes several obligations on education providers. Firstly, they must ensure that their curricula and training courses do not discriminate against individuals with disabilities or their associates (Section 2(2A)). Secondly, they must adhere to disability standards that may require reasonable adjustments to eliminate discrimination against individuals with disabilities (Section 3(1A)). Thirdly, education providers must develop strategies and programs to prevent harassment or victimisation of individuals with disabilities in relation to their disabilities (Section 3(1B)). These requirements compel education providers to actively work towards inclusivity and protection of the rights of individuals with disabilities within their educational offerings.
Breaches of the Act carry potential civil and criminal consequences. Although the Act does not explicitly detail the penalties for non-compliance, breaches of the Disability Discrimination Act 1992, which this Act amends, can lead to significant penalties. Under section 54A of the Disability Discrimination Act 1992, an individual who contravenes the Act may be liable for a penalty of up to $55,100 for an individual and $275,500 for a body corporate. Additionally, in cases of serious contraventions, individuals can be charged with criminal offences and, if convicted, face imprisonment. The severity of these penalties underscores the importance of compliance with the Act’s provisions, ensuring education providers uphold the rights and dignity of individuals with disabilities.