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Legal Considerations for Australian Teachers: The Disability

Discrimination Act

The average Australian classroom is becoming increasingly diverse not just because Australia

is becoming more multicultural, but also because of the diverse learning needs of the

students, with many having a diagnosed disability. However, due to the long stigmatisation

of disability these students are at risk of not being treated fairly. The origin of the word stigma

relates to marked criminals and slaves in ancient Roman society; these marks would be used

to show a marginal social status and as a warning to others to stay away or avoid them (Jones

& Corrigan 9). By the 18th century, the use of the term stigma expanded to include the

physically and mentally disabled; In current society stigma is used to describe “members of

marginalized groups [that] are labeled by others as abnormal, shameful, or otherwise

undesirable” (Jones & Corrigan 10). The use of this term, and its relation to disability, has

created an impact on the perception and treatment of students with disability, and shaped

our cultural perceptions and biases. It is for this reason that in 1992 the Australian

Government created the Disability Discrimination Act.

Due to the stigma related to people with disabilities, the Australian government created a set

of legislation that would protect the rights of people with a disability. This act helps protect

people with disabilities, making it unlawful to discriminate against individuals related to

“employment, education, getting or using services, renting or buying a house or unit, and

accessing public places” (Human Rights Commission 2015). This act helps to protect

individuals from discrimination and allow for them to be given the same opportunities as

other people in a similar situation. The Disability Discrimination Act of 1992 protects people

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with permanent and temporary disabilities, including, but not limited to physical, intellectual,

sensory, neurological, learning and psychosocial disabilities, diseases or illnesses, physical

disfigurement, and medical conditions (Human Rights Commission 2015). The introduction of

the Disability Discrimination Act meant that schools can no longer reject students due to a

disability, and further had to create an accessible and inclusive teaching environment. Schools

that reject students with disabilities, or fail to provide an inclusive environment and content,

can face legal action; Such as Hills Grammar School in Sydney rejected a student due to her

spina bifida (Hannon 35). This school ultimately was taken to federal court, and lost, as it was

deemed in violation of the Disability Discrimination Act (Australian Human Rights Commission

2018). However, instances like this can have positive outcomes as the school is “now a pioneer

in inclusive education, embracing children with disabilities and particularly students with

spina bifida” (Australian Human Rights Commission 2018). This case is an example of the

impact of the law on a school, but how by losing the case, the school in question managed to

overcome past prejudices and is now a leader in working with students with disabilities.

Whilst enrolment may not be in the governance of a classroom teacher, the ability to create

engaging inclusive content surely is, and is something teachers will have to consider for every

lesson they teach.

The need for teachers to “…ensure the student[s] with disability can participate in education

on the same basis as a student without disability” (ADCET 2018) is a key aspect of the Disability

Discrimination Act, and one that will impact the way content is delivered and assessed. As a

teacher, it is important to create an inclusive teaching environment. The traditional way

disability has been taught within a school environment is to incorporate separate ‘units’ for

students, or to divide students into a levelled class system (Doublet & Hockett 2015).

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However, an inclusive learning environment, where there are many students with diverse

needs within a standard classroom can lead to greater inclusion and aligns more closely with

the Disability Discrimination Act. Whilst this environment will have a myriad of students, each

with “different starting points, different strengths on which to build, and different areas of

weakness that inhibit learning” (Fullan, Hill, & Crevola, 2006), it ultimately leads to supporting

students with disabilities and ensuring that they are participating in education on the same

bases as students without disability. In this way it is important that a classroom teacher meets

several key criteria to not to discriminate. It is important that teachers meet the following:

That the curriculum, teaching materials and assessments are appropriate, meeting the needs

of all students; learning activities and content delivery is adjusted to suit the diverse

classroom needs, and are flexible that all students may participate; when there is an activity

that a student with a disability cannot participate in, an equivalent experience with the same

learning outcomes is instead offered to the student; lesson materials are in an appropriate

format so that the student is not disadvantaged, or takes more time to engage with similar

content; teaching strategies are modified to meet student learning needs; and assessments

are created in such a way that students can still demonstrate knowledge, understanding and

competency effectively (ADCET 2018). Whilst this may seem like additional work for a teacher,

by using a differentiation focused pedagogy and approach to teaching, the criteria should be

met without any additional strain on the teacher. The most effective way to meaningfully

differentiate, and, to be sure students with disabilities can participate equally in a classroom

is to get to know them personally, as each student is different, and it is important to not pre-

judge a student based on their diagnosis (Allen and Turville 2005). Not only will having a

differentiation aligned approach to teaching help to be a more effective teacher, supporting

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an inclusive and welcoming classroom; it will also help to ensure that a teacher is meeting the

requirements of the disability discrimination act.

When an educator takes an inclusive teaching approach, they help to remove barriers,

improve outcomes and help decrease pre-conceived notions about people with disabilities,

helping create a more inclusive society (Mag, Sinfield & Burns 2). Further, it is the schooling

years that are the most critical to development; Both for a child’s education needs, and for

fostering positive attitudes towards diversity (Mag, Sinfield & Burns 4). An inclusive teaching

approach directly benefits children with disability and fosters a wider social acceptance of

people with disabilities in the wider community when done effectively (Wright 1). Being

included as part of an inclusive classroom also helps foster a child’s sense of belonging to the

community, develop their sense of identity, and helps build self-esteem (Wright 2-4). This

style of teaching and classroom structure also helps break down stigma and conscious or

subconscious ableist mentalities (Cologon and Thomas 28).

The Disability Discrimination Act is an important piece of legislation within the Australian

education setting. The act is one that prevents discrimination within many aspects of life,

especially within the Australian setting. As an educator it is important to know and

understand this legislation, as it can have a sweeping impact on both the school and the

teaching career. A benefit of this Act however is that it promotes a teaching style focused on

differentiation and inclusion that creates greater sense of identity and self-confidence for

students within the classroom whilst helping to foster a more welcoming and accepting

mentality within all students.

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References
Allen, L. & Turville, J., (2005) Differentiating by Readiness : Strategies and Lesson Plans for
Tiered Instruction, Grades K-8. London: Routledge

Doubet, K., & Hockett, J. A. (2015). Differentiation in Middle and High School : Strategies to
Engage All Learners. Alexandria, Virginia: ASCD.

Cologon, K., & Thomas, C. (2014). Ableism, disableism and the early years. In K. Cologon
(Ed.), Inclusive education in the early years: Right from the start (pp. 27-48). South
Melbourne: Oxford University Press.

Fullan, M., Hill, P., & Crevola, C. (2006). Breakthrough. Thousand Oaks, CA: Corwin

Hannon, M. (2000). The Disability Discrimination Act : protection against discrimination in

the provision of education. LAW IN CONTEXT, Vol. 17, No. 2, 2000: 28-53.

Jones, N. & Corrigan, P. (2014) The stigma of disease and disability : understanding causes
and overcoming injustices. American Psychological Association. Washington, District of
Columbia.

Mag, A., Georgeta, A. & Sinfield, S. (2017) The benefits of inclusive education: new
challenges for university teachers. MATEC Web of Conferences.

Wright, K. (2017). Investigating the practical application of the social relational model of
disability: examining early childhood educator's inclusive education. Sydney, Australia :
Macquarie University.

Disability discrimination. Retrieved from https://www.humanrights.gov.au/our-

work/employers/disability-discrimination.

25 years of the Disability Discrimination Act. Retrieved from

https://www.humanrights.gov.au/about/news/opinions/25-years-disability-discrimination-
act

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Legislation and Standards. https://www.adcet.edu.au/inclusive-teaching/understanding-

disability/legislation-standards/