"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.