Disability legislation
Under the Disability Discrimination Act 1992 (Cth) it is against the law for a university to directly or indirectly discriminate against a student because of their disability. Universities must not:
- refuse someone admission or expel them because of disability
- impose less favourable conditions on a student with a disability
- limit access (eg to buildings or to course materials) because of disability.
Universities must make changes to courses to reasonably accommodate the needs of a student with disability. These are called 'reasonable adjustments'.
The Act also makes it illegal to harass or victimise a person with disability.
Under the Act, 'disability' includes:
- physical
- intellectual
- psychiatric
- sensory
- neurological, and
- learning disabilities, as well as
- physical disfigurement and
- the presence in the body of disease-causing organisms.
The Disability Standards for Education (2005) gives guidance on how reasonable adjustments are made.
This includes making sure curriculum requirements, study materials and assessments are accessible, courses are flexible and alternatives are offered where a student is unable to complete a particular activitiy because of their disability.
In assessing whether adjustments to the course are reasonable, a university is entitled to maintain the inherent academic requirements of the course.
