Progress welcomed on education for people with disabilities
Acting Disability Discrimination Commissioner Dr Sev Ozdowski has today welcomed the introduction of amendments to the Disability Discrimination Act 1992.
The amendments clarify the operation of the Act in the education area and clear the way for authorisation of more detailed standards which have been drafted on access to education.
"These amendments, and the Standards to follow, are an important part of the movement towards equal opportunity in education for people with disabilities in Australia, from infants to primary and secondary schooling and on to TAFE and university level. As an essential part of the same goal, they provide greater certainty for education providers about what they have to do," Commissioner Ozdowski said.
The amendments address a drafting error in the original legislation, by providing that issues of unjustifiable hardship in providing equal access in particular cases can be considered at all stages rather than only at enrolment and admission. “This amendment will provide more clearly for a balancing process which at present depends on a much more complex set of legal arguments,” the Commissioner said.
The amendments also confirm that Standards under the Act can provide for positive measures to provide equal opportunity for students with disabilities and to prevent harassment.
Draft Standards on education under the Disability Discrimination Act have been negotiated over the last eight years, involving state and private education authorities as well as people with disabilities and Commonwealth Government departments. The amendments are intended to avoid any doubts regarding validity of making of disability standards in the terms of this draft.
Commissioner Ozdowski also welcomed commitments by the government that the amendments would be proclaimed to commence with the tabling of the draft Standards, and that the Standards will be formulated and tabled by the Attorney-General as soon as the amendments are passed.
“Although I do not believe that the amendments substantially affect existing rights and duties for anyone, I appreciate the assurance that has been given to the disability community that these amendments will be approached as a package with the adoption of Standards,” the Commissioner said.
Media contact: Paul Oliver (02) 9284 9880 or 0408 469 347
Last updated 12 August 2004.
