Australian law

The Disability Discrimination Act 1992 (DDA) and the Disability Standards for Education 2005 This link will open in a new window (the Standards) are Australian laws that protect the rights of students with disability. These laws aim to eliminate discrimination against people with disability and uphold the rights of students with disability to access education. They apply to all education providers.

International treaties

Australia has signed several international treaties that protect human rights in regard to age, race, sex, pregnancy, marital status and disability. For example, under the United Nations Convention on the Rights of the Child, Australia agreed to ensure that all children can access education and training to assist them to achieve their full potential. The United Nations Convention on Rights of Persons with Disability requires that persons with all types of disability must enjoy all human rights and fundamental freedoms.

Australian laws

Many human rights are protected by Australian law. The DDA and the Standards are federal laws that protect the rights of students with disability.

Disability Discrimination Act 1992

The DDA ensures that people are entitled to live and work in our communities without experiencing discrimination because of a disability.

The DDA aims to:

eliminate discrimination on the grounds of disability in all areas, including education
ensure that people with disability have the right to equality before the law
develop community understanding that people with disability have the same fundamental rights as other Australians.

The DDA overrides all state and territory legislation.

Disability Standards for Education 2005

The Standards clarify how the DDA applies to education. The Standards seek to:

eliminate, as far as possible, any discrimination against students because they or their associates have a disability
uphold the rights of students or their associates with disability
ensure that students with disability can access and participate in education on the same basis as students without disability.

The Standards require educators, students, parents and other associates to work together so that students with disability can participate in education. Consultation helps education providers to understand the needs of the individual student so they can:

give the student with disability opportunities and choices that are comparable to other students' opportunities and choices
identify and address barriers to learning for the student with disability, including people's attitudes and expectations.

Did you know?

every type of school, including special schools
government and non-government education settings
all levels of education, from early childhood to university and to every kind of adult education
all types of educational activities, including excursions and school sport
students who may not be eligible for additional funding.