{"title":"Legal system barriers to the effectiveness of the Disability Discrimination Act 1992 (Cth) as a support for the inclusion of students with disability","authors":"E. Dickson","doi":"10.1177/00049441221127706","DOIUrl":null,"url":null,"abstract":"The Disability Discrimination Act 1992 (Cth) (DDA) appears to offer powerful remedies to students who have been refused enrolment, excluded after enrolment or denied educational opportunities or benefits because of their disability. The Act prohibits discrimination on the ground of disability in the protected area of education and obligates reasonable adjustment for disability. Over the course of its thirty-year history, court action taken under the DDA has disappointed more students than it has helped. Legislation like the DDA operates within a broader legal system and its remedial effect is affected by that system. Barriers to inclusion have risen from the legal system surrounding the DDA, a system which is complaints-based, adversarial and expensive. An analysis of those barriers is the focus of this article.","PeriodicalId":46741,"journal":{"name":"Australian Journal of Education","volume":"66 1","pages":"281 - 291"},"PeriodicalIF":1.5000,"publicationDate":"2022-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Australian Journal of Education","FirstCategoryId":"95","ListUrlMain":"https://doi.org/10.1177/00049441221127706","RegionNum":4,"RegionCategory":"教育学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"EDUCATION & EDUCATIONAL RESEARCH","Score":null,"Total":0}
引用次数: 1
Abstract
The Disability Discrimination Act 1992 (Cth) (DDA) appears to offer powerful remedies to students who have been refused enrolment, excluded after enrolment or denied educational opportunities or benefits because of their disability. The Act prohibits discrimination on the ground of disability in the protected area of education and obligates reasonable adjustment for disability. Over the course of its thirty-year history, court action taken under the DDA has disappointed more students than it has helped. Legislation like the DDA operates within a broader legal system and its remedial effect is affected by that system. Barriers to inclusion have risen from the legal system surrounding the DDA, a system which is complaints-based, adversarial and expensive. An analysis of those barriers is the focus of this article.
期刊介绍：
The Australian Journal of Education was established in 1957 under the editorship of Professor Bill Connell. Drawing upon research conducted in Australia and internationally, the AJE aims to inform educational researchers as well as educators, administrators and policymakers about issues of contemporary concern in education. The AJE seeks to publish research studies that contribute to educational knowledge and research methodologies, and that review findings of research studies. Its scope embraces all fields of education and training. In addition to publishing research studies about education it also publishes articles that address education in relation to other fields.
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