SCOTTISH DISABILITY TEAM MONDAY 13TH MAY2003 DDA PART IV The Australian Experience Lesley Paterson, Solicitor, Education Law Unit Thorntons, WS

Remedies Under UK Legislation wRaised with Institution wConciliation wCourt Action wFirst UK Court Action - DDA Part IV

Why Australia? wDisability Discrimination Act 1992 wSimilar Language wGovernment Policy

Disability Discrimination Act 1992 Discrimination occurs where: wDue to a persons disability wThey are treated less favourably wThan a person without a disability wSimilar to UK less favourable treatment

Disability Discrimination Act 1992 Discrimination occurs where a disabled student is: wDenied access to any benefit provided by an education authority wSubject to any other detriment wSimilar to UK reasonable adjustments

Some Case Studies

Kinsela v Queensland University of Technology (1997) wGraduation Ceremony wAccess to Venue wFunds Already Spent on Improvements wWhat is Reasonable?

Bishop v Sports Massage Training School (2000) wDyslexia wDisclosure wAdjustments

H v S (1997) wPhysical Disability wThreatening Behaviour wRestrictions to Access wKnowledge of University wOnus of Proof

CONCILIATED OUTCOMES wAccess to University Transport wPhysical Access to Classes

Complaints Declined wReasonable Attendance Requirements wFailure to Ask Disability Status wMove of Campus

Lessons wFew Cases Reach Court wMost Common Causes of Complaint - teaching, learning, assessment - access to materials - refusing entry to courses

Additional Considerations

Confidentiality and Disclosure wDid not know wCould not reasonably have known wFailure to take step due to lack of knowledge wOnus on the institution wKnowledge of employee is knowledge of institution wKnowledge is not relevant in every case

Confidentiality & Disclosure - Types of Disclosure wApplication forms wAdmissions/Enrollment wMembers of Staff wUnofficial Disclosures

Confidentiality/Disclosure/ Data Protection wConfidentiality - common law wData Protection - legislation wGovern and prevent disclosure and use of information

Data Protection Compliance - Disability Data wConsent from student - unless exemption applies wSpecified and lawful purposes wAdequate, relevant and not excessive wAccurate and kept up to date wNot kept for longer than necessary wSecurity

Confidentiality and Disclosure - Action Points wEncourage written disclosures wObtain necessary consent wDisability, confidentiality and data protection policies wPractices and procedures wStaff training wRely on defences as a last resort

Status of Personnel hired to Assist Disabled Students wPersonal assistants wAuxiliary aids/services wWhere student in receipt of DSA

SCOTTISH DISABILITY TEAM MONDAY 13TH MAY2003 DDA PART IV The Australian Experience Lesley Paterson, Solicitor, Education Law Unit Thorntons, WS