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:
This Act may be cited as the Disability
Discrimination Amendment (Education Standards) Act 2005.
(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.
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to this Act is amended or repealed as set out in the applicable items in the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.
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]