Legislation

UTS has legal responsibilities as an employer and as an education provider to uphold Australian and NSW law in respect of anti-discrimination in employment, education and the provision of goods and services. In particular, UTS must ensure that students with disability can access and participate in education on the same basis as other students. Key legislation includes:

Disability Discrimination Act 1992

The Disability Discrimination Act 1992 (the DDA) says that disability discrimination occurs when a person is treated less favourably, or not given the same opportunities as others in a similar situation, because of their disability. The disability could be temporary or permanent; a physical, intellectual, sensory, neurological, learning or psychosocial disability; a disease or illness; physical disfigurement; or medical condition or work-related injury.

The DDA also protects people with disability who may be discriminated against because they are accompanied by an assistant, interpreter or reader; or a trained animal such as a guide, hearing or assistance dog; or because they use equipment or an aid, such as a wheelchair, cane or hearing aid.

The DDA makes it unlawful to discriminate against a person because of their disability either:

  • by refusing to provide them with goods or services or make facilities available, or
  • because of the terms or conditions on which, or the manner in which, the goods, services or facilities are provided.

Discrimination can be direct. A person with disability is treated less favourably than a person without that disability in the same or similar circumstances. An example of possible direct disability discrimination is where a person is refused entry to a cafe because they are blind and have a guide dog.

Discrimination can also be indirect. Indirect disability discrimination can happen when conditions or requirements are put in place that appear to treat everyone the same, but actually disadvantage some people because of their disability. For example, it may be indirect discrimination if the only way to enter a lecture theatre is by a set of stairs, because people who use wheelchairs would be unable to enter that building.

The legislation canvasses what is reasonable and what could be seen as an unjustifiable hardship for the person/organisation providing access. In practice, it is difficult for universities to claim unjustifiable hardship in relation to the cost of providing access.

For more information: A brief guide to the Disability Discrimination Act

Disability Standards for Education 2005

The Disability Standards for Education 2005 elaborate further on the legal obligations of education providers to ensure that students with disability can access and participate in education on the same basis as other students. They also set out how education and training are to be made accessible to students with disability. The standards cover:

  • prospective students
  • enrolment
  • participation
  • curriculum development, accreditation and delivery
  • student support services, and
  • elimination of harassment and victimisation

Note: The Disability Standards for Education, and the 2015 review, offer a practical guide which aligns the principles of the Disability Discrimination Act with the educational context.

For more information: Australian Government Department of Education: Disability Standards in Education

Privacy and consent

Information collected by the Accessibility Service is managed in accordance with the university’s Privacy Policy and Privacy Management Plan (PDF). Specific information relevant to accessibility services is also provided to clients of the service when they register. 

How UTS manages privacy can be found at Privacy at UTS.

Guidance for staff in meeting privacy obligations is available through the Privacy hub (SharePoint). Staff can also enrol in privacy essentials training through the online learning management system via NEO.

Policies and plans

UTS policies and strategies all reflect our obligations under state and federal law. Key policies that are relevant to access and inclusion at UTS are:

There are also a number of university-wide strategies that support access and inclusion at UTS. Visit Diversity and inclusion.

Access and inclusion

The Access and Inclusion Plan (available at Accessibility and inclusion) focuses on four areas:

Learning
UTS will enhance the learning experience of students, enriching the accessibility and inclusiveness of enrolment, learning and assessment practices.

Access  
UTS will ensure all services, facilities and amenities are inclusive, accessible and optimise the experience of students, staff and visitors to UTS.

Employment
UTS will facilitate a diverse and equitable workforce, removing barriers to employment and career development for people with access requirements.

Culture
UTS will nurture a culture of inclusiveness and respect, celebrating the value and contributions that people with access requirements make to the university.