Bendigo TAFE is committed to providing an environment of equal opportunity in education and employment, free from discrimination for existing and prospective students and staff with disabilities. 

Bendigo TAFE’s Equal Opportunity Policy Statement confirms the TAFE’s commitment to providing equal opportunity to all students and staff and promoting inclusion through valuing diversity.

This Disability Policy provides general guidelines so that the individual goals and potentials of people with disabilities can be furthered. It forms a crucial part of the Bendigo TAFE’s Equal Opportunity Policy. It will help to provide an environment for people with disabilities which encourage them in the pursuit of their academic and personal goals and the realisation of their potential to contribute to the achievement of the TAFE’s mission.

DDA: Disability Discrimination Act 1992

EOA: Equal Opportunity Act 1995

Standard: Disability Standards for Education 2005

Disability: The term disability shall have the same meaning that the term "disability" has under the Commonwealth Disability Discrimination Act (1992) (DDA). "Disability" means:

a) total or partial loss of a person's bodily or mental functions; or
b) total or partial loss of a part of the body; or
c) the presence in the body of organisms causing disease or illness; or
d) the presence in the body of organisms capable of causing disease or illness; or
e) the malfunction, malformation, or disfigurement of a part of a person's body; or
f) a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or
g) a disorder illness or disease that affects a person's thought processes, perception of reality, emotions or judgement that results in disturbed behaviour;

and includes a disability that:

h) presently exists; or
i) previously existed by no longer exists; or
j) may exist in the future; or
k) is imputed to a person.

To avoid doubt, a disability that is otherwise covered by this definition includes behaviour that is a symptom or manifestation of the disability.

The DDA also covers a person from being discriminated against when:

• Accompanied by an assistant, interpreter or reader
• Accompanied by a trained animal, such as a guide or hearing dog, or
• Using equipment or an aid, such as a wheelchair or a hearing aid.

The DDA also protects people such as relatives, friends, carers and co-workers if they are discriminated against because of a person’s disability. For example:

• If a parent is refused a job because the employer assumes he or she will need time off work to look after the person, or
• Carers are refused accommodation because of the person they are caring for, or harassment because of disability, such as insults or humiliating jokes.

Disability Discrimination: is defined within the Commonwealth Disability Discrimination Act 1992 as when someone with a disability is treated less favourably than someone without a disability. Disability discrimination also occurs when people are treated less fairly because they are relatives, friends, carers, co-workers or associates of a person with a disability.

Discrimination also exists where there is a condition or requirement imposed, which may be the same for everyone but which unfairly excludes or disadvantages people with a disability (for example in employment and education.)

Discrimination is illegal not just during working attendance hours, but also illegal in any other work or study related context, including conferences, work functions, business trips, excursions, office parties, work or practical placements, work experience or field trips.

Different treatment of people with a disability is not unlawful discrimination where it is reasonably intended to ensure that they have equal opportunities or to meet their special needs.

Wherever Possible: shall mean that the TAFE will take into account all relevant circumstances of a particular situation including the following:

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

Bendigo TAFE aims to ensure that all students and staff, including students and staff with disabilities, should be treated with dignity and enjoy the benefits of employment, education and training in an educationally supportive environment that values and encourages participation by all students and staff, including students and staff with disabilities.

Bendigo TAFE as an education provider has legal responsibilities that must comply with the DDA, including the Disability Standards for Education 2005, and EOA. This Policy is in response to the DDA and Standards, and ensures that people with a disability have the same access and opportunity as people without a disability.

Bendigo TAFE acknowledges its obligation, as outlined within the Victorian Equal Opportunity Act 1995, the Disability Discrimination Act 1992 and the Disability Standards for Education 2005.

All complaints of discrimination will be treated confidentially, seriously, objectively, sensitively and promptly, and should be made in accordance with the Bendigo TAFE Staff Grievance Procedure or the Student Grievance Procedure.

No employee or student shall be victimised or disadvantaged for making a discrimination complaint.

Where investigation into a complaint of discrimination finds evidence to support the claim, Bendigo TAFE may initiate disciplinary procedures against the perpetrator, in accordance with the relevant Institute policy and procedures, which may include dismissal, suspension or expulsion.

Bendigo TAFE acknowledges that the implementation of the Disability Action Plan, and the Managing Diversity Plan are part of the performance agreement with Skills Victoria.

Where support is declined to a student or prospective student by the Disability Liaison Officer, the Student Grievance Policy and Procedure can be utilised at the students’ discretion.

Disability Action Plan

Bendigo TAFE will comply with the DDA in developing, monitoring, evaluating and reviewing its Disability Action Plan.

The Plan will outline strategies to enact Bendigo TAFE’s commitment to its policy and its responsibilities under the DDA.

A review of this Policy and the subsequent Disability Action Plan will occur no later than three years from Bendigo TAFE Management endorsement through the Executive Management Committee.

Bendigo TAFE will adopt a proactive approach, endeavouring to ensure that the number of students with disabilities is increased to reflect the percentage of people with disabilities in the wider community.

Bendigo TAFE acknowledges and respects the student’s right to choose whether they disclose having a disability.  Disclosure of a person’s disability is a personal choice and information made available will remain confidential in accordance with the Information Privacy Act 2000 

Bendigo TAFE will take a pro-active role in its efforts to ensure people with disabilities have access and equity in Bendigo TAFE programs wherever possible.

Procedures shall be adopted which allow for alternative means of assessment and feasible modes of study wherever possible.

Bendigo TAFE will, where appropriate, liaise with government and community organizations and other institutions of learning, for the provision of facilities and resources for prospective students with disabilities.

Bendigo TAFE recognises that staff may need preparation and assistance in working with students with disabilities, and shall endeavour to provide such training, education and assistance as is required to teaching and support staff.

Bendigo TAFE will monitor the success of its Disability Policy through the analysis of rates of entry of students with disabilities across all Bendigo TAFE programs, as part of the overall monitoring of the EO policy.

Bendigo TAFE shall provide equal employment opportunities for all existing and prospective members of staff, regardless of type of disability, in accordance with the DDA.

The principle of merit shall be applied in all employment matters including:

• recruitment, selection, appointment, transfer and promotion
• acting positions and special duties

Bendigo TAFE will, wherever possible, allow flexibility of working methods to accommodate the individual requirements of staff with disabilities.

Bendigo TAFE will, wherever possible, undertake the provision of such services and facilities as necessary to enable the implementation of its Policy.

Bendigo TAFE may after appropriate consultation, refuse to employ a person on the grounds of that person’s disability where:-

• there is a substantial risk that employment could cause physical or emotional injury to that person or to other persons or,
• the modifications of the workplace required for that person’s disability would cause unjustifiable hardship to Bendigo TAFE (in accordance with the DDA.)

Manager, Human Resources
Manager, Student Support Services

Disability Discrimination Act 1992 (Commonwealth)
Disability Standards for Education 2005 (Victoria)
Victorian Equal Opportunity Act 1995 (Victoria)
Charter of Human Rights and Responsibilities Act 2006 (Victorian)
Information Privacy Act 2000 (Victoria)

Associated Documents

BPL006 Disability Action Plan
Bendigo TAFE Policies and Procedures

Pol206 Equal Opportunity Policy
Pol200 Human Resources Policy
Proc201 Employment (Recruitment and Selection) Procedure
Proc211 Staff Discipline Procedure (excluding PACCT staff)
Pol212 Redeployment & Redundancy Policy
Proc200 Job Review Design and Marketing Procedure
Proc214 Termination of Employment
Proc205 Staff Grievance Procedure
Proc704 Harassment Procedure
Proc202 Equality of Access Procedure 

Student Related

Pol602   Conduct of Examinations   
Pol503   Student Grievance Policy   
Proc507 Student Admission Procedure
Pol206   Equal Opportunity Policy
Pol504   Student Discipline Policy
Proc704 Harassment Procedure
Proc202 Equality of Access Procedure