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DISABILITY DISCRIMINATION AMENDMENT (EDUCATION STANDARDS) ACT 2005 NO. 19, 2005 - 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.




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