4469

2004

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Disability Discrimination Amendment (Education Standards) Bill 2004

 

 

(Amendments to be moved by Senator Greig on behalf of the Australian Democrats in committee of the whole)

 

(1)     Schedule 1, page 3 (after line 4), before item 1, insert:

1A  Subsection 4(1)

Insert:

adjustment means:

                     (a)  a measure or action (or group of measures or actions) taken or proposed to be taken in order to provide substantive equality for a person with a disability, including an aid, a facility, or a service that the person requires; or

                     (b)  a change made or proposed to be made to a measure or action (or group of measures or actions) taken for the purpose of providing substantive equality for the person with a disability .

reasonable adjustment means an adjustment that:

                     (a)  achieves substantive equality for the person with a disability; and

                     (b)  does not cause unjustifiable hardship.

substantive equality means equality of opportunity and treatment for the person or persons with disabilities compared to persons without disabilities.

[definitions]

(2)     Schedule 1, item 2, page 3 (after line 22), after subsection (2A), insert:

          (2B)  If there is an adjustment or adjustments that would prevent or limit discrimination under subsections 22(1), (2) and (2A), an education provider is required to make reasonable adjustments.

[adjustments]

(3)     Schedule 1, item 3, page 3 (line 29), after “would”, insert “necessarily”.

[education]