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This is a Bill, not an Act. For current law, see the Acts databases.
2004
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Disability
Discrimination Amendment (Education Standards) Bill
2004
No. ,
2004
(Attorney-General)
A
Bill for an Act to amend the Disability Discrimination Act 1992, and for
related purposes
Contents
A Bill for an Act to amend the Disability
Discrimination Act 1992, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Disability Discrimination Amendment
(Education Standards) Act 2004.
(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. |
|
|
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. |
|
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repealed as set out in the applicable items in the Schedule concerned, and any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.