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Disability Discrimination Amendment (Education Standards) Bill 2005

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4469

2004

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Disability Discrimination Amendment (Education Standards) Bill 2004

 

 

(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]