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The Commonwealth Disability Discrimination Act (1992) provides protection against discrimination on the grounds of disability. This protection includes both direct and indirect forms of discrimination.

Direct discrimination

means treating people with a disability less favourably than people without a disability would be treated under the same circumstances.

Indirect discrimination has two aspects:

• Where there is a condition or requirement imposed (eg in the format of assessment in a subject) which may be the same for everyone but which unfairly excludes or disadvantages people with disabilities in a manner that is unreasonable.

• When a person treats another unfavourably on the basis of a characteristic that appertains generally to people who have such an impairment, or on the basis of a presumed characteristic that is generally imputed to people who have such an impairment. (eg. a lecturer refuses to allow a student with a visual disability to undertake laboratory work because of concerns that blind people are a safety risk).

• harass a student on the basis of disability;

victimise (threaten or treat unfavourably) a student with a disability who has lodged a complaint under anti-discrimination legislation; and/or

• discriminate against people because of their association with a student with a disability.

The definition of disability is intentionally broad and includes physical, intellectual, psychiatric, sensory, neurological and learning disabilities. Physical disfigurement, and the presence in the body of organisms capable of causing disease (eg HIV) are also covered by the Act.

In practical terms this means that education and training providers

"must ensure that a person with a disability is not discriminated against and must make changes to any practices or procedures that deliberately or inadvertently discriminate. The principle of adjustments and accommodations also applies to teaching, learning and assessment." (Source: RDLU Information Series, 1998)

• physical alterations to buildings;
• provision of services eg. notetakers, readers, sign interpreters; and
• provision of information in accessible formats.

"A duty of care is owed to all students by the educational or training authority and their staff. This duty exists at all times where there is a staff/student relationship. Authorities will be responsible for the actions of staff except where a member of staff is acting in a manner completely outside his or her duties." (UniAbility, 1993)

Some staff are concerned that the involvement of students with disabilities in their class somehow increases their risk of being sued for negligence. This fear appears based on an incorrect assumption that the safety record of people with disabilities is poorer than for other people.

"It is not possible to generalise that the mere presence of a disability poses an insuperable safely hazard, any more than it is valid to assume that the absence of disability means a person will employ safe procedures." (UniAbility, 1993)

Staff are most commonly concerned about safety issues in regard to practical and laboratory work. Barrett Swanson and Steere have suggested a series of useful guidelines to assist teachers working with students with disabilities in these settings. (Contact your relevant support service listed in section 6 to access this information).

Hehir, Leo (Ed.), RDLU, 1997.

Contents | Introduction | Introduction | Strategies for Inclusive Practice | What The Law Says | Legislative Requirements | Rights and Responsibilities | Code of Practice | Who Can Assist? | Examples of Inclusive Practice | Appropriate Language and Behaviour | Index to Fact Sheet Series | Bibliography | Recommended References | Tasmanian Organisations | Acknowledgements