Disability Discrimination – Education

If you child is being discriminated on at school, some references below can help your case.

You can also view Disability Advocacy services through our Directory.

Right to education (Qld Human Rights Act 2019)

Download the Right to education fact sheet (PDF File, 332.5 KB)

Section 36 of the Human Rights Act 2019 

says that:

  1. Every child has the right to have access to primary and secondary education appropriate to the child’s needs.
  2. Every person has the right to have access, based on the person’s abilities, to further vocational education and training that is equally accessible to all.

The Human Rights Act protects the right of every child to access primary and secondary education appropriate to their needs. It also says that every person has the right to have access, based on their abilities, to equally accessible further vocational education and training.

Please note that Complaints can only be made against the Queensland public sector; private businesses, private schools and health services, and the federal government and its agencies (including Centrelink and Medicare) are not obligated to comply with it. Visit Website

Disability Standards of Education 2005
This webpage includes the Standards, fact sheets, guides and any new announcements on changes to the Act Disability Network for the Cairns Region – Support, Work, Education & Lifestyle Focus for People With Disabilities.

Schools have responsibility for maximising the learning outcomes and wellbeing of all students and for providing access to a high-quality education that is free from discrimination.

Disability Discrimination Act 1992 

Inclusive education policy and support materials by The Queensland Department of Education

General Comment No 4 – Article 24: Right to Inclusive Education
The General Comment No 4 clarifies Article 24 of the UN Convention on the Rights of Persons with Disabilities  (The Right to Inclusive Education) by specifically stating what is inclusive education and what is not (integration and segregation

National Resources for Parents and Educators Australian Curriculum and Students with Disability.
This website has information on personalised learning, adjustments and consultation. It also has examples of personalised learning which link to the Australian Curriculum.

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Some fantastic articles on special needs kids, exclusions and discrimination in the Australian school system. Their articles are well worth the read.

You will learn about ‘gatekeeping’ and the other ways schools tries to dismiss your child at their school.
The two Articles below are a few years old but still very much relevant today.

Of course we now have the Human Rights Act to help against discrimination in state schools. (private schools are exempt from the Human rights Act.)

How schools avoid enrolling children with disabilities.

What are your rights if your child with a disability is denied a school place?

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Disability Discrimination Commissioner
Appointments to the Australian Human Rights Commission

Dr Ben Gauntlett commenced his term as Disability Discrimination Commissioner on May 7, 2019 and is still current at the time of this publication.