Making a Complaint

AccessAbility Services Making a Complaint

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Legislation and Students with a Disability

When a person wishes to lodge a complaint under the provisions in the Disability Discrimination Act 1992 (DDA), they must contact the Australian Human Rights Commission. Where a complaint appears to involve an unlawful act of discrimination, the Commission will attempt to reach a settlement by conciliation. At this stage the process is private and confidential. Where a complaint cannot be resolved through this process, action may be taken in the Federal Court.

More information on making a complaint:

Assessing Discrimination Complaints

The Disability Discrimination Act 1992 (DDA) uses the concept of 'unjustifiable hardship' when determining if unlawful discrimination has occurred.

That is, any adjustments or alterations which will enable the student with a disability to undertake her/his course must be made by an educational institution, unless this imposes ‘unjustifiable hardship’ on the institution.

When determining ‘unjustifiable hardship’, the DDA states that:

  • all relevant circumstances of the particular case are to be taken into account including:

    • the nature of the benefit or detriment likely to accrue or be suffered by the person concerned

    • the effect of the disability on the person concerned and

    • the financial circumstances and the estimated amount of expenditure required to be made by the person claiming ‘unjustifiable hardship’

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