1. RATIONALE

The Australian National University recognises through its strategic planning the responsibility to value the diversity of backgrounds and perspectives of prospective and existing staff and students to enable all members of the University community to perform at their best.  This incorporates the inclusion of people with disabilities in employment and education to enable them to perform at their best in University life.

The University’s adoption of the ‘ANU Disability Action Plan’ demonstrates its commitment towards further inclusion of people with disabilities in the University environment that is free from discrimination. This includes the University embedding universal design principles to minimise barriers to access and participation for people with disabilities in work and study. 

2. POLICY STATEMENT

ANU is committed to the principles of equality of opportunity in all aspects of its operations for staff and students.  ANU strongly supports the continued inclusion of people with disabilities in all aspects of the University community.

To further advance inclusion of people with disabilities at ANU will:

• continue to embed universal design principles into policies and practices; 
• encourage access to and participation in employment and education consistent with equal opportunity principles;
• encourage positive, informed and unprejudiced attitudes towards people with a disability through educational and staff development programs;
• continue to take all reasonable steps to eliminate discrimination;
• provide appropriate access to facilities, resources and support including special measures unless there is unjustifiable hardship; and
• continue to implement improved information technology for people with disabilities.

3. DISCLOSURE

The University acknowledges that information that is provided to it about a person’s disability/health status is personal and private and will respect the confidentiality of all such information in accordance with the relevant privacy legislation.

The University recognises it is important that prospective and existing staff and students disclose their disability confidentially where:

• it may affect their performance in their employment or education;
• reasonable adjustments are required by a staff member or student to undertake the inherent requirements of the position or meet the academic standards of their course of study;  or
• information for University diversity planning will assist in allocation of  resources and implementation of this policy for people with disabilities.

4. STUDENTS WITH DISABILITIES

ANU implements the Disability Standards for Education 2005 providing students and prospective students with disability the right to education on the same basis as all other students, including the right to comparable access, services and facilities, and the right to participate in education and training without discrimination. ANU has a positive obligation to make changes to reasonably accommodate the needs of a student with a disability.

5. STAFF WITH DISABILITIES

ANU implements policies and practices to enable all prospective and existing staff who can fulfil the inherent requirements of the job to have equal opportunity to participate in workplace life with specific regard to:

(a)    Recruitment and selection;

(b)    Access to employment benefits and conditions; and

(c)    Professional and career development.

ANU implements ANU guidelines for reasonable adjustments in the workplace for staff members.

6. RESPONSIBILITIES

The implementation of this policy is the responsibility of all staff and students of the University however some areas of the University community have specific responsibilities that are outlined in the current University Disability Action Plan.

7. GRIEVANCES

ANU has both a policy on the ‘Prevention of discrimination, harassment and bullying’ and ‘Complaints resolution policies’ for staff and students.  Experienced staff members have been appointed to manage formal or informal resolution of grievances, including discrimination and harassment on the grounds of a person’s disability.

Staff and students are encouraged to use the procedures if they consider that they are experiencing discrimination or harassment on the grounds of their disability or their association with a person with a disability.

Additional references

• Disability Discrimination Act 1992 (Commonwealth)
• Disability Standards for Education 2005
• AVCC Guidelines relating to students with a disability
• AVCC Guidelines on information access for students with a disability

APPENDIX A

DEFINITIONS

a)      A “disability” is defined by the Disability Discrimination Act 1992 (DDA) to include:

• Physical
• Intellectual
• Psychiatric
• Sensory
• Neurological
• Learning disabilities
• Physical disfigurement and
• The presence in the body of disease-causing organisms.

The DDA covers a disability which people:

• Have now,
• Had in the past,
• May have in the future, or
• Are believed to have

b)      Disability discrimination The DDA makes it unlawful to discriminate against a person because of their disability. This includes people who are relatives, friends, and carers of people with a disability.  Direct disability discrimination occurs when a person with a disability is treated less favourably than a person without a disability would be treated in the same or similar circumstances. Indirect disability discrimination occurs when there is a requirement, condition or practice that is the same for everyone but has an unfair effect on a particular group of people. Defenses to claims of unlawful discrimination include assessments of inherent requirements and unjustifiable hardship of the position or the course.

c)       Disability harassment occurs when someone is made to feel intimidated, insulted or humiliated because of their disability as specified under the Disability Discrimination Act 1992.  

d)      Inherent requirements are the fundamental, essential elements to the learning and assessment requirements of the particular course or the performance of the role and tasks of the position. The University considers whether the person could perform these requirements if some reasonable adjustment is made, including adjustments to facilities, equipment, work or study practices or training.

e)      Reasonable adjustments are measures which an employer or educator implements to enable the staff member with a disability undertake the inherent requirements of the position or a student with a disability undertake the inherent requirements to meet the academic standards of their course of study.

f)        Universal design principles is an approach towards enabling services and environments to be usable by as many people as possible regardless of age, ability or circumstance.  The seven principles for universal access are: fairness, flexibility, logical, understandable, toleration of differences, straightforward in use, physical accessibility.

g)      Unjustifiable hardship is a defence to a claim of discrimination on the grounds of disability. It requires the University to consider all relevant circumstances of a particular situation before making a decision in the employment or educational access of a person with a disability.  It includes considering the following:

• nature of the benefit or detriment likely to accrue or be suffered by any persons concerned;
• effect of a disability of the person concerned;
• options there are to meet the requirements of the person with a disability;
• financial circumstances and the estimated expenditure by the University; and
• the University's Disability Action Plan.

For further information and details on the Disability Discrimination Act 1992 (DDA) reference can be made to the Human Rights and Equal Opportunity Disability web page.

Replaces Disability Policy of December 2005 (file 200403069)