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Access and Equity in Education, Training and Employment for People with a DisabilityWhat is a disability? Practical resources WHAT IS A DISABILITY?“A disability stems from the failure of a structured society to adjust to the needs and aspirations of the individuals with disabilities, rather than from the inability of a disabled individual to adapt to the demands of the society.” (Oliver & Fulcher in Barton, 1996:8) The ACROD website provides a useful explanation of disability in all its aspects. WHAT IS DISCRIMINATION?Under the Disability Discrimination Act 1992 discrimination is described as: Direct discrimination: occurs when a person with a disability is treated less favourable than a person without that disability would be treated in the same or similar circumstances either partly or wholly because of disability. Example: Refusing to accept an application for admission from a person with a disability. Indirect discrimination - occurs when a person with a disability is required to comply with a condition or requirement with which a substantially higher proportion of people without the disability can comply, and which is not reasonable in the circumstance. Example: Insisting that all students undertake exams by written format only. DISABILITY DISCRIMINATION ACT 1992The Disability Discrimination Act 1992 (DDA) requires training providers to identify barriers which people with a disability encounter when accessing programs and services and to develop strategies to minimise the impact of these barriers. An additional regulatory mechanism in the vocational education and training system is the Australian Recognition Framework which requires all training organisations seeking registration to demonstrate commitment to access and equity principles and processes. The Disability Discrimination Act 1992 covers the following disabilities:
With the introduction of the Act it became unlawful for an educational authority to discriminate by:
DISABIILTY DISCRIMINATION ACT STANDARDS FOR EDUCATION 2005The Disability Discrimination Act Standards for Education 2005 came into effect on 18 August 2005. A key purpose of the Standards is to clarify and make explicit the obligations of education and training providers under the DDA, and the rights of people with a disability in relation to education and training. The Standards cover people who:
The Standards apply to government and non-government providers in all education sectors including vocational education and training and adult community education sectors. They also apply to providers of educational services, including curriculum and accreditation bodies. The Standards require education providers to have strategies and programs in place to prevent harassment and victimisation of persons with a disability and their associates, such as a carer or a relative. The Standards extend the DDA in a number of areas which include:
The Standards cover five main areas: (Can we refer people to each section of the Stds?)
The guidance notes set out the process by which educational service providers can meet their obligations under the Standards and the Disability Discrimination Act. The Process includes:
In making a reasonable adjustment the provider should ensure the integrity of the course, or program and assessment requirements and processes are maintained. Application of the StandardsThe Standards provide a list of education providers bound by the Standards:
Parts 4 - 8 of the Standards set out the standards that education providers must comply with to achieve the objectives of the DDA in relation to the provision of education and training. Each of these parts deals with different aspects of education and training. For example: part 2.2 of the Standards deals with the meaning of “on the same basis”. “On the same basis” does not mean treating a person with a disability the same as you would a non-disabled person. It may be that the person with a disability is treated differently in order to be treated equally. For example: providing more time for a person with cerebral palsy to finish an exam. To view information on how the Disability Discrimination Act Education Standards work click here Terminology under the Disability Discrimination Act Education StandardsOn the same basis – an educational provider treats a student with a disability on the same basis as a student without the disability if the student has opportunities and choices, which are comparable with those offered to students without disabilities, in relation to:
Reasonable adjustment – education providers are required to provide reasonable adjustments. An adjustment is a measure or action taken to assist a student with a disability to participate in education and training on the same basis as other students. An adjustment is reasonable if it achieves this purpose, taking into account the student’s learning needs and balancing the interests of all parties affected. All adjustments should be determined in consultation with the student or their associate. Reasonable adjustment could include interpreters, note-takers, physical access, and alterations to the course itself without compromising the integrity of the course. Unjustifiable hardship – it is not unlawful for an education provider to fail to comply with a requirement of the Standards if, and to the extent that, compliance would impose unjustifiable hardship to the provider. When considering whether unjustifiable hardship applies within the meaning of the DDA the provider needs to take into account:
Legal implications of the StandardsThe Standards are enacted under Section 31 of the DDA and form subordinate legislation to the DDA. The obligations set out in the Standards provide the legal basis with which the Department of Education and Training and RTOs must comply. An educational provider is liable for any unlawful conduct by the provider’s agent or employees unless the provider can show that it took reasonable precautions and exercised due diligence to avoid the unlawful conduct. This includes instances where employees or agents of a provider fail to comply with the Standards. The onus of demonstrating due diligence and that reasonable precautions have been taken rests with the provider. The DDA does not define “due diligence” or “reasonable precautions”. This is determined by a court of law. If there is a failure to comply with the Standards it is considered a breach of the DDA and can result in a complaint to the federal Human Rights and Equal Opportunity Commission (HREOC). HREOC can only attempt conciliation. If this fails, it is dismissed and referred to either the Federal Court or the Federal Magistrates Court. Measures RTOs can put in place
All of these documents can be viewed through the Human Rights and Equal Opportunity website. POLICIESVET Disability Access Inclusion Plan - public consultationVET Teaching and Learning Directorate is producing its Disability Access and Inclusion Plan (DAIP) for 2007. The DAIP will address issues of access for people with a disability to the Directorate’s services and events, buildings and facilities, information, quality of service from staff, complaint mechanisms and public consultation. Disabilities which may affect people’s ability to access the Directorate’s services include: Sensory (vision and/or hearing), neurological (affecting a person’s ability to use their upper or lower body), physical (affecting mobility and/or a person’s ability to learn and communicate), intellectual (affecting a person’s judgement, ability to learn and communicate), cognitive (affecting a person’s thought processes, personality and memory) or psychiatric (affecting a person’s emotions, thought processes and behaviour e.g. schizophrenia and bipolar disorder). If you would like further information, please telephone Jenny Sharpe on 9264 5054 or email Jennifer.Sharpe@det.wa.edu.au . Building Diversity FrameworkThe Building Diversity Framework, developed by the former Department of Training, identifies barriers and issues confronted by identified groups in the community in accessing and succeeding in vocational education and training and employment. It provides a strategic approach to ensuring that everyone has the opportunity to successfully gain skills and knowledge through education, training and employment services. The goals of Building Diversity and access and equity are the same: to improve access to and outcomes from VET for all clients and potential clients. The Building Diversity framework is based on three guiding principles – that training and employment services should:
The framework has three main areas of focus:
Through the Building Diversity Framework the Department of Education and Training is committed to:
To view the Building Diversity Framework click here Bridging PathwaysBridging Pathways is the national strategy for increasing opportunities for people with a disability in vocational education and training (VET), from 2000 until 2005. The Strategy and the accompanying Revised Blueprint for Implementation were developed by the Australian National Training Authority (ANTA) Disability Forum with funding from ANTA (ANTA’s responsibilities have now been transferred to the Department of Education, Science and Training). Its four goals and areas of action are to:
To view Bridging Pathways National Strategy click here Bridging Pathways - Revised Blueprint for ImplementationThe Bridging Pathways Blueprint was released soon after the strategy to provide a national action plan to support its implementation and meet the goals of the strategy. The Blueprint was revised in 2003, and refocusses the reform agenda of the original Blueprint. To view the Bridging Pathways – Revised Blueprint for Implementation click here Whole-of-life approachIn 2000, ANTA adopted a 'whole of life, all of life' approach to disability. This is outlined in the Bridging Pathways Strategy as follows: “This approach recognises that people do not learn or approach training in isolation; other aspects of their lives influence their employment prospects and experience of education and training. The whole-of-life approach is one that recognises the range of issues in a person's life - their work, relationships, training, leisure - over the whole course of their life. The approach aims to bring government and business together on disability issues and has three goals: raising community expectations of people with a disability; removing infrastructure barriers; and empowering individuals with a disability. For an RTO, the whole-of-life approach is a reminder that learners with a disability have lives outside the training environment that might impact on their capacity to succeed in learning. Many people without disabilities do not realise the demands that an 'ordinary' life task may place on someone with a disability. For example, someone with a physical impairment may require a personal carer to assist them to get up in the morning, may take several hours to get ready to leave the house, and then may rely on a taxi to reach a training venue. Given this, if you make any last minute changes to the training schedule or venue these will have a disproportionate effect on a learner with a physical impairment.” PRACTICAL RESOURCESBuilding Diversity and the ACTFTo assist RTOs in meeting their obligations under the AQTF in relation to access and equity, the Training Accreditation Council of WA has produced a guide: ‘Building Diversity and the AQTF’. The Guide seeks to assist RTOs in considering the way they currently operate and provide some ideas on how to enhance the range and quality of services offered to clients. It consists of FAQs where most answers to the FAQs have been answered using examples of good practice, or suggest evidence that could be provided during AQTF validation/monitoring visits. It also provides examples of ways RTOs can meet AQTF standards. To view the Building Diversity and the AQTF Guide click here Working with DiversityThe Working with Diversity Guide was developed to assist RTOs meet their access and equity obligations. It provides a range of explanations with practical examples and an extensive list of additional useful resources for RTOs and trainers. The Working with Diversity resources were developed through funding from the Australian National Training Authority (ANTA’s responsibilities have now been transferred to the Department of Education, Science and Training). The Guide consists of a suite of three resources on equity and the AQTF:
The Working with Diversity: Quality training for people with a disabiltiy resource aims to assist RTOs:
To view the Working with Diversity website click here ‘Staying the Course’: Working with Learners Living with Mental IllnessFollowing a series of pilot workshops in TAFEWA Colleges, a package has been developed for registered training organisations (RTOs) on working effectively with learners living with mental illness. It is called Staying the Course because it provides information to help RTOs support learners achieve their goals, in particular complete their chosen course of study. The resource has been developed through funding from the Australian National Training Authority (ANTA) Equity Development and Training Innovation Program and the WA Department of Education and Training. The resources have been developed through extensive community consultation with TAFEWA colleges, mental health support organisations, peak community organisations and the Department of Education and Training. The Staying the Course package has three components: To view the Staying the Course Handbook click here USEFUL LINKS AND RESOURCESResources‘Transition from VET to Employment for People with a Disability’: Key Success factors. www.equityresearch.org.au/pub.htm LinksACROD Association for the Blind of WA Australian Disability Clearing House on Education and Training Better Hearing Australia (WA branch) Career Tips Disability Discrimination Act Education Standards Disability Services Commission Ethnic Disability Advocacy Centre Human Rights and Equal Opportunity Commission Independent Living Centre |