Disability Standards for Education 2005

3.4 Reasonable adjustments

(1) For these Standards, an adjustment is reasonable in relation to a student with a disability if it balances the interests of all parties affected. Note: Judgements about what is reasonable for a particular student, or a group of students, with a particular disability may change over time.

 (2) In assessing whether a particular adjustment for a student is reasonable, regard should be had to all the relevant circumstances and interests, including the following:

 (a) the student’s disability;

 (b) the views of the student or the student’s associate, given under section 3.5;

 (c) the effect of the adjustment on the student, including the effect on the student’s:

 (i) ability to achieve learning outcomes; and

 (ii) ability to participate in courses or programs; and

 (iii) independence;

 (d) the effect of the proposed adjustment on anyone else affected, including the education provider, staff and other students;

 (e) the costs and benefits of making the adjustment.

Note   A detailed assessment, which might include an independent expert assessment, may be required in order to determine what adjustments are necessary for a student. The type and extent of the adjustments may vary depending on the individual requirements of the student and other relevant circumstances. Multiple adjustments may be required and may include multiple activities. Adjustments may not be required for a student with a disability in some circumstances.

The Standards generally require providers to make reasonable adjustments where necessary. There is no requirement to make unreasonable adjustments. In addition, section 10.2 provides that it is not unlawful for an education provider to fail to comply with a requirement of these Standards if, and to the extent that, compliance would impose unjustifiable hardship on the provider. The concept of unreasonable adjustment is different to the concept of unjustifiable hardship on the provider. In determining whether an adjustment is reasonable the factors in subsection 3.4 (2) are considered, including any effect of the proposed adjustment on anyone else affected, including the education provider, staff and other students, and the costs and benefits of making the adjustment. The specific concept of unjustifiable hardship is not considered. It is only when it has been determined that the adjustment is reasonable that it is necessary to go on and consider, if relevant, whether this would none-the-less impose the specific concept of unjustifiable hardship on the provider.

 (3) In assessing whether an adjustment to the course of the course or program in which the student is enrolled, or proposes to be enrolled, is reasonable, the provider is entitled to maintain the academic requirements of the course or program, and other requirements or components that are inherent in or essential to its nature.

Note   In providing for students with disabilities, a provider may continue to ensure the integrity of its courses or programs and assessment requirements and processes, so that those on whom it confers an award can present themselves as having the appropriate knowledge, experience and expertise implicit in the holding of that particular award.

Legislation:

• Animal Welfare Act 2002
• Disability Discrimination Act 199
• Disability Standards for Education 2005

NOTE: Each state has enacted anti-discrimination/ equal opportunity legislation.

Australian Standards:

• AS 1428.1:2021 Design for access and mobility – General requirements for access – New building work
• AS 1428.2-1992 Design for access and mobility – Enhanced and additional requirements – Buildings and facilities
• AS/NZS 1428.4.1:2009 Design for access and mobility – Part 4.1: Means to assist the orientation of people with vision impairment: Tactile ground surface indicators
• AS 1428.5:2021 Communication for people who are deaf or hearing impaired
• AS 1735 (Lifts, Escalators, and Moving Walks)
• AS 2982 Laboratory Design and Construction
• AS 4775 Emergency eyewash and shower facilities

Other documents:  

• Disability-Inclusive Laboratories in the Chemical Sciences  - Royal Chemical Society [Click Here]
• Diversity data report 2022  - Royal Chemical Society [Click Here]
• Checklist for making science labs accessible for students [Click Here] 

10.4 Protection of public health

 These Standards do not render it unlawful for an education provider to isolate or discriminate against a student with a disability if the disability is an infectious disease or other condition and it is reasonably necessary to so isolate or discriminate to protect the health and welfare of the student with a disability or the health and welfare of others.