What is considered a disability?
Taken from Website Disability Law – http://disabilitylaw.org.au/disability-discrimination/what-is-a-disability
The Disability Discrimination Act 1992 (Cth)(DDA) and Anti-Discrimination Act 1977 (NSW) (ADA) use different definitions of disability.
Disability Discrimination Act 1992 (Cth)
a. total or partial loss of the person’s bodily or mental functions, or
b. total or partial loss of a part of the body, or
c. the presence in the body of organisms causing disease or illness, or
d. the presence in the body of organisms capable of causing disease or illness, or
e. the malfunction, malformation or disfigurement of a part of the person’s body, or
f. a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction, or
g. a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment, or that results in disturbed behaviour, and includes a disability that:
- presently exists, or
- previously existed but no longer exists, or
- may exist in the future, or
- is imputed to a person.
Nobody should have to beg for disability provisions. If disability provisions have been medically recommended for students with learning difficulties, physical disabilities, hidden disabilities or any other type of disability, they should be given to the student, even moreso when the provisions will not cost a lot of money to help the student. Neither should a student have disability provisions that are working for them be withdrawn just to sit one set of Exams BOSTES.
It is ridiculous that BOSTES will force students who have been using computers for many years, to be expected to learn how to use a writer/reader when students have a provision that is working for them. I do not understand the logic in this, it is stressful for the student to learn, takes many years of practice to use one, costs a lot in teacher wages, is a provision that students will never use in the workplace – think about it…… how many readers/writers are being used in the work place. Talk about an archaic system – training people for things that are not used.
Isn’t our education system there to train students for the workforce? Why are we training students to use disability provisions for one set of exams? It does not make sense. Even worse our Education Ministers are allowing BOSTES to do this.
The student and their family should not be put through any questioning in regards to the students disability. It does not matter if a student is intelligent or not, a disability is a disability and it affects each person differently.
Disability Provision Recommendations made by organisations, that state students are only allowed to have certain provisions, is not fair to students as it is that organisation that is chosing the disability provision for the student. Not what the student needs! Also, not all disabilities can be put into the same box, which is what school/BOSTES tend to do and clearly shows they do not understand how disabilities affect students at school.
Unless you have a lot of spare cash floating around, if you believe your are being discriminated against, I would suggest going through the NSW Anti Discrimination Board to appeal BOSTES/Schools descrimination. You are less likely to incur the fees that Australian Federal Circuit Court or Australian Federal Court charges if you are referred onto from Human Rights.
Although NSW Anti Discrimination Laws do not appear to be as strong as Federal Laws, it is worth trying this avenue first.
You can also complain to NSW Ombudsman do not appear to take into consideration questions asked about Disability Discrimination Act 1992 or Disability Standards in Education 2005. Maybe worth trying complaining to NSW Ombudsman about BOSTES/Schools not following NSW Anti Discrimination Act 1992?
To be honest I do not see the point of Australian Human Rights, NSW Ombudsman and NSW Anti Discrimination Board, yes you can complain, yes it is on record, but these organisations cannot force BOSTES/Schools to follow these acts as you will only attend conciliation hearings. You have to go to court to have BOSTES/Schools acknowledge they are doing the wrong thing.
What is education coming to when BOSTES/Schools try to prove a students medical reports and recommendations are not correct?
How can BOSTES so called medical professionals be right over your own medical professionals who have actually physically seen your child. How is it BOSTES medical professionals can write reports about your child, but BOSTES are not able to give you information unless you obtain it via the GIPA Act at a cost of $30 if they choose to give you that information (that alone scream they are doing something wrong). Why is it BOSTES medical professionals can write about your child, but when you ask your own medical practitioner if they can do the same, they advise it is illegal to do that when they haven’t seen they child? How is BOSTES being fair to students??
Below are some links that may assist in Disability Discrimination
Ausralian Human Rights – https://www.humanrights.gov.au/education-and-disability
Disability Discrimination Act – http://www.austlii.edu.au/au/legis/cth/consol_act/dda1992264/
Disability Standards in Education – https://www.legislation.gov.au/Details/F2005L00767
Disability Standards in Education – https://education.gov.au/disability-standards-education
Australian Curriculum students with a disability – http://www.australiancurriculum.edu.au/studentdiversity/students-with-disability
Australian Government Disability Standards in Education Document – Disability Standards in Educatin 2005 – https://docs.education.gov.au/documents/fact-sheet-2-disability-standards-education-2005
Australian Government Personalised Learning Support – Planning for Personalised Learning Support a National Resource – https://docs.education.gov.au/node/38065
Disability Discrimination Act (DDA) Standards for Education 2005 – http://www.ddaedustandards.info/
Disability Standards for Education 2005 F2005L00767 – http://www.comlaw.gov.au/Details/F2005L00767
Attorney Generals Department Disability Standards in Education – http://www.ag.gov.au/RightsAndProtections/HumanRights/DisabilityStandards/Pages/Disabilitystandardsforeducation.aspx
Australian Centre for Disability Law – http://disabilitylaw.org.au/
NSW Ombudsman – https://www.ombo.nsw.gov.au
Law Stuff Australia – http://www.lawstuff.org.au/nsw_law/topics/discrimination/article3
Anti Discrimination Board NSW – http://www.antidiscrimination.justice.nsw.gov.au/
Kingsford Legal Centre – http://www.klc.unsw.edu.au/
Children & Young People with a Disability – http://www.cda.org.au/
Education Rights – http://www.educationrights.com.au/
US LAW FOR TWICE EXCEPTIONAL CHILDREN
Wrights Law – http://www.wrightslaw.com/info/2e.index.htm