1. www.monash.edu.au Ms Amanda Lazar Monash University Deputy Solicitor Working Together for a Safer Community Policy, Procedure and Guidelines

2. www.monash.edu.au 2 Can a student take legal action against a staff member or the University? Anti-Discrimination Laws Disability Discrimination Act 1992 (Cwth) Prohibits discrimination on the basis of disability in the area of education. ‘Disability’ includes (g) ‘a disorder, illness, disease that affects a person’s thought processes, perception of reality, emotions or judgement or that results in disturbed behaviour’.

3. www.monash.edu.au 3 Equal Opportunity Act 1995 (Vic) Prohibits discrimination by educational authorities on the basis of defined ‘attributes’ which include ‘impairment’. ‘Impairment’ includes (d) Malfunction of part of the body including – (i)a mental or psychological disease or disorder (ii)a condition or disorder that results in a person learning more slowly than people who do not have that disorder.

4. www.monash.edu.au 4 Direct discrimination (DDA) Where a person (discriminator) treats another person (aggrieved person) less favourably than, in circumstances that are the same or not materially different, the discriminator treats or would treat a person without disability. Discrimination means

5. www.monash.edu.au 5 Indirect discrimination A discriminator discriminates against an aggrieved person if the discriminator requires the aggrieved person to comply with a requirement or condition. (a) with which a substantially higher proportion of persons without the disability are able to comply. (b) which is not reasonable having regard to the circumstances of the case. (c) with which the aggrieved person does not or is unable to comply.

6. www.monash.edu.au 6 Vicarious liability of employers If a person in the course of employment or while acting as an agent (a) Contravenes a provision of Part 3, 5 or 6 or (b) Engages in conduct that would, if engaged in by the persons employer, contravene a provision on Parts 3, 5 or 6 Exception An employer will not be liable if, on balance of probabilities, the employer took reasonable precautions to prevent the employee contravening the Act. EO Act

7. www.monash.edu.au 7 Other laws Occupational Health & Safety 1985 (Vic) General duty of an employer to provide and maintain so far as is practicable for employees a working environment that is safe and without risk to health. Information Privacy 2000 (Vic)

8. www.monash.edu.au 8 Relevant Monash University Legislation Statute 6.3 – Exclusion for Health Reasons Under section 1, a Dean may refuse to: -Enrol/re-enrol a student or -Suspend a student Before taking action under section 1, the dean must: -Obtain a report from a doctor, psychologist or from security branch of the university and -Consult with at least two members of the faculty holding a full-time appointment as a lecturer or above.

9. www.monash.edu.au 9 Appeal Committee -The appeals committee shall consult with the persons with special knowledge of the state of health or disability of the appellant -Consider any medical evidence submitted by the appellant -May require the appellant to undergo a medical examination or examinations at the expense of the university by a person or persons nominated by the appeals committee

10. www.monash.edu.au 10 Statute 4.1 – Discipline An act of general misconduct is an offence under this statute. ‘general misconduct’ means any behaviour which is contrary to any policy of the university or to generally accepted standards of behaviour and includes the conduct specified in section 3. ‘penalties’ reprimand fine suspension exclusion