Compliance Framework
Compliance Driver
Disability Discrimination Act 1992 (Cth)
Classification
Level 1
University-wide concern. Impacts on reputation and funding.
Associated Legislation
Associated Standards
None
Associated Codes
None
Associated Information
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Administrative Information
Administrative Body
Australian Human Rights Commission
Administrative Name
Dr Ben Gauntlett, Disability Discrimination Commissioner
Administrative Address
Physical Address
Level 3
175 Pitt Street
Sydney NSW
Australia, 2000
Mailing Address
GPO Box 5218
Sydney NSW
Australia, 2001
Administrative Phone
02 9284 9600
Administrative Email
communications@humanrights.gov.au
Administrative Website
https://www.humanrights.gov.au/our-work/disability-rights
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General Introduction
VC Compliance Delegate
Jo Scanlan, Chief Operating Officer
Compliance Coordinator
Kirsten Clayton, Director People and Culture
Business Units Impacted
Overview
The Disability Discrimination Act (DDA) and the Australian Human Rights Commission Act (AHRCA) apply throughout Australia. This legislation attempts to eliminate as far as possible discrimination against persons on the ground of disability and to ensure that persons with disabilities have the same rights to equality before the law as the rest of the community. Some areas of discrimination are unlawful under the DDA, whilst the AHRCA sets out how to make a complaint about breaches of the DDA.
The University is obligated to ensure that it does not discriminate against students, prospective students and employees and prospective employees on the basis of a disability. The University has obligations under the Act in its capacity as:- (i) a provider of education; (ii) a provider of accommodation; (iii) an employer, and is also responsible to ensure that all employees, external contractors and students are made aware of what constitutes acceptable standards of behaviour within the University.
Compliance Obligations
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Accommodation
Description
Under Section 25 it is unlawful to discriminate in the provision of accommodation on the grounds of disability of a person or
their associates:
- by refusing an application for accommodation; or
- in the terms or conditions on which the accommodation is offered; or
- giving the person lower priority on a list of applicants for accommodation; or
- denying or limiting to a person occupying accommodation access to any benefit associated with the accommodation; or
- evicting the person ; or
- subjecting the person to any other detriment in relation to the accommodation; or
- refusing to permit the other person to make reasonable alterations to accommodation occupied by that person if:
(i) that person has undertaken to restore the accommodation to its condition before alteration on leaving the accommodation; and
(ii) in all the circumstances it is likely that the person will perform the undertaking; and
(iii) in all the circumstances, the action required to restore the accommodation to its condition before alteration is reasonably practicable; and
(iv) the alteration does not involve alteration of the premises of any other occupier; and
(v) the alteration is at that other person's own expense.
These provisions do not however apply if:
- the accommodation is provided for persons who have a particular disability and the person discriminated against does not have that particular disability; or
- special services or facilities which would be required by the person with a disability would impose unjustifiable hardship on the accommodation provider .
Impacts
If a student is dissatisfied with the efforts to make reasonable adjustments or feels the Residential System has discriminated against them on the grounds of their disability, a student complaint may be lodged. Reputational risk if we cannot show we have complied to this obligation.
Responsible Manager
Leah Cook, Director UNE Residential System
Coordinating Officer
Leah Cook, Director UNE Residential System
Coordinating Unit
Residential System
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Prevention of Harassment, Bullying and Discrimination Policy
Procedure
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
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Action Plans
Description
The University has chosen to prepare and implement a Disability Action Plan in accordance with Part 3 of the Act.
The action plan must include provisions relating to:
(a) the devising of policies and programs to achieve the objects of the Disability Discrimination Act 1992 (DDA); and
(b) the communication of these policies and programs to persons within the action planner; and
(c) the review of practices within the action planner with a view to the identification of any discriminatory practices; and
(d) the setting of goals and targets, where these may reasonably be determined against which the success of the plan in achieving the objects of the Act may be assessed; and
(e) the means, other than those referred to in paragraph (d), of evaluating the policies and programs referred to in paragraph (a); and
(f) the appointment of persons within the action planner to implement the provisions referred to in paragraphs (a) to (e) (inclusive).
Impacts
Negative impact on reputation.
Responsible Manager
Richard Dobek, Executive Principal Student Experience
Coordinating Officer
Richard Dobek, Executive Principal Student Experience
Coordinating Unit
Student Experience
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
Management Tools
Rule
None
Policy
Prevention of Harassment, Bullying and Discrimination Policy
Procedure
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
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Education - General
Description
The main aim of the DDA Education Standards is to give students with disability the right to participate in educational programs on the same basis as students without disability. The University cannot discriminate in enrolment; how a student is treated; what facilities are provided or not provided; the ability of the student to use facilities; access to support services; being bullied on the basis of disability; suspension; or expulsion.
The 3 main obligations under the Education Standards are:
1. To consult with students with disability and their associates;
2. To make reasonable adjustments;and
3. To eliminate harassment (bullying) and victimisation.
Impacts
Under section 32 of the DDA it is unlawful for a person to contravene a Disability Standard. An aggrieved person or someone on their behalf can make a complaint to the Australian Human Rights Commission (AHRC) about non-compliance with the DDA and/or with a Disability Standard. If conciliation by the AHRC is unsuccessful, an aggrieved person may commence legal proceedings in the Federal Court or Federal Magistrates Court.
Responsible Manager
Richard Dobek, Executive Principal Student Experience
Coordinating Officer
Richard Dobek, Executive Principal Student Experience
Coordinating Unit
Student Experience
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
Management Tools
Rule
None
Policy
Prevention of Harassment, Bullying and Discrimination Policy
Procedure
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
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Employment and Work - General
Description
The University cannot discriminate against job applicants in the employment process or against employees in the terms and conditions of employment, in promotion, in training, in access to workplace benefits or in dismissal.
Impacts
Negative impact on reputation.
Fines and penalties.
Responsible Manager
Kirsten Clayton, Director People and Culture
Coordinating Officer
Kirsten Clayton, Director People and Culture
Coordinating Unit
People and Culture
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Prevention of Harassment, Bullying and Discrimination Policy
Procedure
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
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Web Accessibility
Description
Under s24 of the DDA it is unlawful to discriminate against people on the grounds of their disability, in the provision of goods or services (whether for payment or not). The decision in Maguire v SOCOG confirmed that a website is a service within the meaning of s24 of the DDA. In addition, as a higher education provider, UNE must comply with the Disability Standards for Education 2005. “Under section 32 of the Act, it is unlawful for a person to contravene a disability standard. The Standards require information about the enrolment process (Part 4); and curriculum development, accreditation and delivery (Part 6) to be accessible.
The AHRC has stated in their World Wide Web Access: Disability Discrimination Act Advisory Notes Version 4.0 “A complaint of disability discrimination is much less likely to succeed if reasonable steps have been taken to address accessibility during the design stage”. WCAG (Web Content Accessibility Guidelines) 2.0 is strongly recommended as the benchmark. Australian Government funded programs (including grants) are required to meet the endorsed accessibility requirements.
Impacts
1. Negative impact on reputation- Investigations and orders by external bodies / regulators. Complaints can be made to, and investigations conducted by:
(a) Australian Human Rights Commission (AHRC)
(b) Anti-Discrimination Board of NSW (ADB)
(c) Federal Magistrates Court (FMC) or the Federal Court of Australia (FCA) if complaint to AHRC is not resolved or is discontinued
(d) NSW Civil & Administrative Tribunal (NCAT) if the complaint can't be resolved or if referred to the NCAT by the President of the NSW ADB.
2. Financial implications:
(a) Damages can be awarded by AHRC
(b) Awarding of compensation (FMC or FCA)
(c) Potential impact on eligibility for federal government grant
Responsible Manager
Anthony Smith, Executive Principal Brand Partnerships and Business Development
Coordinating Officer
Sarah Wilson, Director Marketing & Admissions
Coordinating Unit
Office of the Pro Vice-Chancellor (External Relations)
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
Management Tools
Rule
None
Policy
Corporate Website Management Policy
Prevention of Harassment, Bullying and Discrimination Policy
Procedure
Corporate Website Management Procedures
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline
None
Other Websites
Compliance Overview