On the Same Basis

The Standards describe the principle of treatment of people with a disability ‘on the same basis’ as people without a disability.  This means that education providers offer the same opportunities and choices, and make decisions on the basis that reasonable adjustment will be provided.

When people first learn about anti-discrimination laws, sometimes they grapple with the idea that treating everybody the same is not the aim of these laws.  In fact – this is counter to the aims of anti-discrimination laws.  These laws are about providing all people, regardless of disability, the same access to services, as people without disabilities enjoy.  That access might be achieved in different ways by different people.

If you hold a class in a building with steps, this is not treating everybody ‘on the same basis’.  You are, according to the law, placing the unreasonable expectation that all people can reach that room.

Here is another example.  If a person can only read by using Braille, then to treat that person ‘on the same basis’ as sighted students, you must provide all materials in Braille to that student.  You are providing the opportunity to learn ‘on the same basis’ for sighted and blind students, by accommodating the needs of both groups of students.

Reasonable adjustments

According to the Standards:

An adjustment is reasonable in relation to a student with a disability if it balances the interests of all parties affected…  Judgements about what is reasonable for a particular student, or a group of students, with a particular disability may change over time.

When you are working out what a reasonable adjustment might be for a person, the Standards state that you should consider:     

• the student’s disability

• the views of the student or the student’s associate

• the effect of the adjustment on the student, including their ability to achieve learning outcomes, participate in programs, and level of independence

• the effect of the proposed adjustment on anyone else affected, including the education provider, staff and other students

• the costs and benefits of making the adjustment.

 Remember:

• The Standards generally require providers to make reasonable adjustments where necessary.

• There is no requirement to make unreasonable adjustments – that is requests for adjustments that don’t seem reasonable given the student’s needs and the situation

• The concept of unreasonable adjustment is different to the concept of unjustifiable hardship on the provider.

• It is only when it has been determined that the adjustment is reasonable that it is necessary to go on and consider, if relevant, whether this would none-the-less impose the specific concept of unjustifiable hardship on the provider.

• The provider is entitled to maintain the academic requirements of the course or program, and other requirements or components that are inherent in or essential to its nature:

In providing for students with disabilities, a provider may continue to ensure the integrity of its courses or programs and assessment requirements and processes, so that those on whom it confers an award can present themselves as having the appropriate knowledge, experience and expertise implicit in the holding of that particular award.

Consultation

Before you make a decision on a reasonable adjustment for a student with a disability, you must consult with the student (and if relevant an associate of the student).  This consultation should cover:

w        Whether the adjustment is reasonable

w        How the adjustment will achieve aims relating to enrolment, participation, curriculum development and delivery, support services, or elimination of harassment

w        whether there is any other reasonable adjustment that would be less disruptive and intrusive and no less beneficial for the student

Deciding on the adjustment that the student needs

When you are determining what adjustment will be made for a person, you must:

w        assess whether there is any other reasonable adjustment that would be less disruptive and intrusive and no less beneficial for the student; and

w        assess whether the adjustment may need to be changed during a student’s education or training.

Making adjustments on time

Some adjustments can take a considerable time to arrange.  You might need to schedule sign language interpreters and note takers for a Deaf student, or arrange for Braille production of a learning resource.

The Standards require that education providers take reasonable steps to provide an adjustment within a reasonable time.  The time taken to provide learning materials in accessible formats has been the basis for several complaints to the Commission.

There are several factors that are considered when determining what a ‘reasonable’ time is in a situation, including:

w        When the student provided information

w        The consultations between the provider and the student