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Resolved complaint (23) about disability discrimination in education

Learn how a complaint (23) about disability discrimination in education was resolved through conciliation.

Disability rights Conciliation register entry

Summary

  • Year: 2021
  • Relevant Act: Disability Discrimination Act
  • Grounds: Disability; Unlawful to contravene Disability Standards
  • Area(s): Disability Standards; Education; Goods, services and facilities
  • Settlement terms:
    • Revised terms and conditions
    • Adjustments provided

About the complaint

The complainant has post-traumatic stress disorder and was a student at the respondent vocational training organisation. He alleged he was required to undertake a video assessment for a subject, which he was unable to do because of his disability.

The training organisation said that the training package and the standards imposed on it by the third-party regulator, required the respondent to be satisfied of a student's competency to meet the course requirements. In light of this, the respondent determined that the only way to meet its obligations was to have an assessor observe the student doing the assessment task. 

The complaint was resolved with an agreement that the complainant would engage with the respondent's disability support unit to explore adjustments that could be provided to enable the complainant to safely undertake the video assessment. The respondent also undertook to assess whether an assessor could safely be sent to the complainant's workplace and to provide the complainant with a single contact point moving forward. 

Guidance on the use of these summaries

This is a summary of a selected complaint that has been resolved through our conciliation process. It's designed to help people better understand how complaints might be resolved and what outcomes are possible.

These summaries are for general guidance only and are not legal advice. If you need advice about your situation, you should seek independent legal support.

Please note:

  • all complaints are de-identified
  • complaints are resolved on a 'without admission of liability' basis
  • some content may include confronting or offensive language.

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