Compliance Overview

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
Return to Top Administrative Information
Administrative Body Australian Human Rights Commission
Administrative Name Ms Susan Ryan,, Age and 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
Return to Top General Introduction
VC Compliance Delegate Peter Creamer, Chief Operating Officer
Compliance Coordinator David Thorsen, Director Human Resource Services
Business Units Impacted
  • Academic Quality Unit
  • Advancement, Communications, and Events Directorate
  • Animal Genetics and Breeding Unit
  • Audit and Risk Directorate
  • Australian Business Research Institute
  • Business Intelligence and Data Governance
  • Centre for Agriculture and Law
  • Centre for Applied Research in Social Science
  • Centre for Local Government
  • Corporate Communications Unit
  • Corporate Planning and Analytics
  • English Language Centre
  • Facilities Management Service Directorate
  • Faculty of Humanities, Arts, Social Sciences and Education
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • Financial Performance and Analytical Services
  • Heritage Centre
  • Heritage Futures Research Centre
  • Human Resource Services Directorate
  • Information Technology Directorate
  • Institute for Rural Futures
  • Learning and Teaching Transformation
  • Legal Office
  • Marketing and Public Affairs
  • Office of the Chief Financial Officer
  • Office of the Chief Legal and Governance Officer
  • Office of the Chief Operating Officer
  • Office of the Deputy Vice-Chancellor (Research)
  • Office of the Pro Vice-Chancellor (Academic Innovation)
  • Office of the Pro Vice-Chancellor (External Relations)
  • Office of the Provost and Deputy Vice-Chancellor
  • Office of the Vice-Chancellor and CEO
  • Oorala Aboriginal Centre
  • Policy and Governance Unit
  • Records Management Office
  • Research Services
  • Rural Properties
  • School of Education
  • School of Environmental and Rural Science
  • School of Health
  • School of Humanities, Arts and Social Sciences
  • School of Law
  • School of Psychology and Behavioural Sciences
  • School of Rural Medicine
  • School of Science and Technology
  • Strategic Procurement
  • Student Grievance Unit
  • Student Success
  • The National Centre of Science, Information and Communication Technology, and Mathematics Education
  • UNE Business School
  • UNE Council
  • UNE Foundation charitable trust
  • UNE Foundation Limited
  • UNE International
  • UNE Life
  • UNE Medical Centre
  • UNE Partnerships Pty Ltd
  • UNE Residential System
  • UNE Sydney
  • University Library
  • University Secretariat
  • Yarm Gwanga
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

Return to Top 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
Responsible Manager Ashwin Bhutani, Director UNE Residential System
Coordinating Officer Ashwin Bhutani, Director UNE Residential System
Coordinating Unit UNE Residential System
Oversight Committee/Group None
Business Units Impacted
  • UNE Residential System
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
Protocol None
Procedure Prevention of Harassment, Bullying and Discrimination Procedure
Guideline None
Other Websites
 
Return to Top 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 Barb Shaw, Director Student Success
Coordinating Officer Mirela Suciu, Senior Student Support Officer (Special Needs)
Coordinating Unit Student Success
Oversight Committee/Group None
Business Units Impacted
  • Academic Quality Unit
  • Advancement, Communications, and Events Directorate
  • Animal Genetics and Breeding Unit
  • Audit and Risk Directorate
  • Australian Business Research Institute
  • Business Intelligence and Data Governance
  • Centre for Agriculture and Law
  • Centre for Applied Research in Social Science
  • Centre for Local Government
  • Corporate Communications Unit
  • Corporate Planning and Analytics
  • English Language Centre
  • Facilities Management Service Directorate
  • Faculty of Humanities, Arts, Social Sciences and Education
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • Financial Performance and Analytical Services
  • Heritage Centre
  • Heritage Futures Research Centre
  • Human Resource Services Directorate
  • Information Technology Directorate
  • Institute for Rural Futures
  • Learning and Teaching Transformation
  • Legal Office
  • Marketing and Public Affairs
  • Office of the Chief Financial Officer
  • Office of the Chief Legal and Governance Officer
  • Office of the Chief Operating Officer
  • Office of the Deputy Vice-Chancellor (Research)
  • Office of the Pro Vice-Chancellor (Academic Innovation)
  • Office of the Pro Vice-Chancellor (External Relations)
  • Office of the Provost and Deputy Vice-Chancellor
  • Office of the Vice-Chancellor and CEO
  • Oorala Aboriginal Centre
  • Policy and Governance Unit
  • Records Management Office
  • Research Services
  • Rural Properties
  • School of Education
  • School of Environmental and Rural Science
  • School of Health
  • School of Humanities, Arts and Social Sciences
  • School of Law
  • School of Psychology and Behavioural Sciences
  • School of Rural Medicine
  • School of Science and Technology
  • Strategic Procurement
  • Student Grievance Unit
  • Student Success
  • The National Centre of Science, Information and Communication Technology, and Mathematics Education
  • UNE Business School
  • UNE Council
  • UNE Foundation charitable trust
  • UNE Foundation Limited
  • UNE International
  • UNE Life
  • UNE Medical Centre
  • UNE Partnerships Pty Ltd
  • UNE Residential System
  • UNE Sydney
  • University Library
  • University Secretariat
  • Yarm Gwanga
Obligation Framework
Associated Legislation
Associated Standard None
Associated Code None
Associated Information
Management Tools
Rule None
Policy Prevention of Harassment, Bullying and Discrimination Policy
Protocol None
Procedure Prevention of Harassment, Bullying and Discrimination Procedure
Guideline None
Other Websites
 
Return to Top 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 Barb Shaw, Director Student Success
Coordinating Officer Mirela Suciu, Senior Student Support Officer (Special Needs)
Coordinating Unit Student Success
Oversight Committee/Group None
Business Units Impacted
  • Academic Quality Unit
  • Advancement, Communications, and Events Directorate
  • Animal Genetics and Breeding Unit
  • Audit and Risk Directorate
  • Australian Business Research Institute
  • Business Intelligence and Data Governance
  • Centre for Agriculture and Law
  • Centre for Applied Research in Social Science
  • Centre for Local Government
  • Corporate Communications Unit
  • Corporate Planning and Analytics
  • English Language Centre
  • Facilities Management Service Directorate
  • Faculty of Humanities, Arts, Social Sciences and Education
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • Financial Performance and Analytical Services
  • Heritage Centre
  • Heritage Futures Research Centre
  • Human Resource Services Directorate
  • Information Technology Directorate
  • Institute for Rural Futures
  • Learning and Teaching Transformation
  • Legal Office
  • Marketing and Public Affairs
  • Office of the Chief Financial Officer
  • Office of the Chief Legal and Governance Officer
  • Office of the Chief Operating Officer
  • Office of the Deputy Vice-Chancellor (Research)
  • Office of the Pro Vice-Chancellor (Academic Innovation)
  • Office of the Pro Vice-Chancellor (External Relations)
  • Office of the Provost and Deputy Vice-Chancellor
  • Office of the Vice-Chancellor and CEO
  • Oorala Aboriginal Centre
  • Policy and Governance Unit
  • Records Management Office
  • Research Services
  • Rural Properties
  • School of Education
  • School of Environmental and Rural Science
  • School of Health
  • School of Humanities, Arts and Social Sciences
  • School of Law
  • School of Psychology and Behavioural Sciences
  • School of Rural Medicine
  • School of Science and Technology
  • Strategic Procurement
  • Student Grievance Unit
  • Student Success
  • The National Centre of Science, Information and Communication Technology, and Mathematics Education
  • UNE Business School
  • UNE Council
  • UNE Foundation charitable trust
  • UNE Foundation Limited
  • UNE International
  • UNE Life
  • UNE Medical Centre
  • UNE Partnerships Pty Ltd
  • UNE Residential System
  • UNE Sydney
  • University Library
  • University Secretariat
  • Yarm Gwanga
Obligation Framework
Associated Legislation
Associated Standard None
Associated Code None
Associated Information
Management Tools
Rule None
Policy Prevention of Harassment, Bullying and Discrimination Policy
Protocol None
Procedure Prevention of Harassment, Bullying and Discrimination Procedure
Guideline None
Other Websites
 
Return to Top 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 David Thorsen, Director Human Resource Services
Coordinating Officer David Thorsen, Director Human Resource Services
Coordinating Unit Human Resource Services Directorate
Oversight Committee/Group None
Business Units Impacted
  • Academic Quality Unit
  • Advancement, Communications, and Events Directorate
  • Animal Genetics and Breeding Unit
  • Audit and Risk Directorate
  • Australian Business Research Institute
  • Business Intelligence and Data Governance
  • Centre for Agriculture and Law
  • Centre for Applied Research in Social Science
  • Centre for Local Government
  • Corporate Communications Unit
  • Corporate Planning and Analytics
  • English Language Centre
  • Facilities Management Service Directorate
  • Faculty of Humanities, Arts, Social Sciences and Education
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • Financial Performance and Analytical Services
  • Heritage Centre
  • Heritage Futures Research Centre
  • Human Resource Services Directorate
  • Information Technology Directorate
  • Institute for Rural Futures
  • Learning and Teaching Transformation
  • Legal Office
  • Marketing and Public Affairs
  • Office of the Chief Financial Officer
  • Office of the Chief Legal and Governance Officer
  • Office of the Chief Operating Officer
  • Office of the Deputy Vice-Chancellor (Research)
  • Office of the Pro Vice-Chancellor (Academic Innovation)
  • Office of the Pro Vice-Chancellor (External Relations)
  • Office of the Provost and Deputy Vice-Chancellor
  • Office of the Vice-Chancellor and CEO
  • Oorala Aboriginal Centre
  • Policy and Governance Unit
  • Records Management Office
  • Research Services
  • Rural Properties
  • School of Education
  • School of Environmental and Rural Science
  • School of Health
  • School of Humanities, Arts and Social Sciences
  • School of Law
  • School of Psychology and Behavioural Sciences
  • School of Rural Medicine
  • School of Science and Technology
  • Strategic Procurement
  • Student Grievance Unit
  • Student Success
  • The National Centre of Science, Information and Communication Technology, and Mathematics Education
  • UNE Business School
  • UNE Council
  • UNE Foundation charitable trust
  • UNE Foundation Limited
  • UNE International
  • UNE Life
  • UNE Medical Centre
  • UNE Partnerships Pty Ltd
  • UNE Residential System
  • UNE Sydney
  • University Library
  • University Secretariat
  • Yarm Gwanga
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
Protocol None
Procedure Prevention of Harassment, Bullying and Discrimination Procedure
Guideline None
Other Websites
 
Return to Top 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 Mingan Choct, Pro Vice-Chancellor (External Relations)
Coordinating Officer Anthony Smith, Executive Director Marketing and Strategy
Coordinating Unit Office of the Pro Vice-Chancellor (External Relations)
Oversight Committee/Group None
Business Units Impacted
  • Marketing and Public Affairs
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
Protocol None
Procedure Corporate Website Management Procedures
Prevention of Harassment, Bullying and Discrimination Procedure
Guideline None
Other Websites