Resolved complaint (56) about disability discrimination in education

About the complaint

The complainant uses a wheelchair, is non-verbal and uses eye-gaze technology and hand-over-hand techniques. The complainant enrolled in a diploma with the respondent vocational education provider and an individual plan was developed setting out reasonable adjustments to be provided to the complainant. The complainant alleged the vocational education provider did not provide her all the agreed adjustments, required her to repeat tasks and assessments and did not give her feedback or results for her work. She said she felt she had no option but to withdraw from the diploma. 

The vocational education provider claimed it provided the complainant with support to accommodate her disability in accordance with the action plans developed in consultation with her and her support team, which was revised over time. The provider noted some competency concerns and said that some of the proposed adjustments were not agreed to as they were not 'reasonable' and, if adopted, may compromise the integrity of the course. 

The complaint was resolved with an agreement that the vocational education provider pay the complainant $30,000. 

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.