Disability Services
Making Reasonable Adjustments
The concept of reasonable adjustments is central to the operation of the DDA. How it is to be applied has been clarified by the setting of Education Standards as an extension of the DDA; but the extent of what is reasonable is also being clarified progressively by legal decisions made under the DDA.
What follows is a slightly edited/shortened version of the relevant sections of the Disability Standards for Education 2005 .
According to the Standards, especially part 3, Making reasonable adjustments an adjustment is:
A measure or action (or a group of measures or actions) taken by an education provider that has the effect of assisting a student with a disability, in relation to an admission or enrolment, in relation to a course or program , and in relation to facilities or services.
An adjustment is reasonable in relation to a student with a disability if it balances the interests of all parties affected. Judgements about what is reasonable for a particular student, or a group of students, with a particular disability may change over time.
In assessing whether a particular adjustment for a student is reasonable, regard should be had to all the relevant circumstances and interests, including the following:
(a) the student’s disability;
(b) the views of the student or the student’s associate,
(c) the effect of the adjustment on the student, including the effect on the student’s:
(i) ability to achieve learning outcomes; and
(ii) ability to participate in courses or programs; and
(iii) independence;
(d) the effect of the proposed adjustment on anyone else affected, including the education provider, staff and other students;
(e) the costs and benefits of making the adjustment.
Note A detailed assessment, which might include an independent expert assessment, may be required in order to determine what adjustments are necessary for a student. The type and extent of the adjustments may vary depending on the individual requirements of the student and other relevant circumstances. Multiple adjustments may be required and may include multiple activities. Adjustments may not be required for a student with a disability in some circumstances.
The Standards generally require providers to make reasonable adjustments where necessary. There is no requirement to make unreasonable adjustments. In addition, section 10.2 provides that it is not unlawful for an education provider to fail to comply with a requirement of these Standards if, and to the extent that, compliance would impose unjustifiable hardship on the provider. The concept of unreasonable adjustment is different to the concept of unjustifiable hardship on the provider. In determining whether an adjustment is reasonable the factors in subsection 3.4 (2) are considered, including any effect of the proposed adjustment on anyone else affected, including the education provider, staff and other students, and the costs and benefits of making the adjustment. The specific concept of unjustifiable hardship is not considered. It is only when it has been determined that the adjustment is reasonable that it is necessary to go on and consider, if relevant, whether this would none-the-less impose the specific concept of unjustifiable hardship on the provider.
(3) In assessing whether an adjustment to the course of the course or program in which the student is enrolled, or proposes to be enrolled, is reasonable, the provider is entitled to maintain the academic requirements of the course or program, and other requirements or components that are inherent in or essential to its nature.
Note In providing for students with disabilities, a provider may continue to ensure the integrity of its courses or programs and assessment requirements and processes, so that those on whom it confers an award can present themselves as having the appropriate knowledge, experience and expertise implicit in the holding of that particular award.
3.5 Consulting the student
Before the education provider makes an adjustment for the student, the education provider must consult the student, or an associate of the student, about:
(a) whether the adjustment is reasonable; and
(b) the extent to which the adjustment would achieve the aim mentioned in paragraph 4.2 (3) (b), 5.2 (2) (b), 6.2 (2) (b), 7.2 (5) (b) or 7.2 (6) (b) in relation to the student; and
(c) whether there is any other reasonable adjustment that would be less disruptive and intrusive and no less beneficial for the student.
3.6 Deciding on an adjustment to be made
In deciding whether to make a particular reasonable adjustment for a student, the education provider must:
(a) assess whether there is any other reasonable adjustment that would be less disruptive and intrusive and no less beneficial for the student; and
(b) assess whether the adjustment may need to be changed over the period of a student’s education or training.
3.7 Adjustments to be provided in reasonable time
(1) The education provider must take reasonable steps to ensure that any adjustment required to be made is made within a reasonable time.
(2) Whether the time is reasonable depends, in particular, on whether and when the student, or his or her associate, has provided:
(a) in a timely way, any relevant information in the possession of the student or associate about how the disability affects the student in relation to education or training; and
(b) the student’s or the associate’s opinion about the matters mentioned in paragraphs 3.5 (a), (b) and (c).
Note The requirement for a provider to consult a student with a disability, or an associate of the student, about how the disability affects the student in relation to education or training is set out in paragraphs 4.2 (3) (a), 5.2 (2) (a), 6.2 (2) (a), 7.2 (5) (a) and 7.2 (6) (a).