Reasonable adjustment

Reasonable adjustment refers to measures or actions taken to provide a student with a disability the same educational opportunities as everyone else. To be reasonable, adjustments must be appropriate for that person, must not create undue hardship for a registered training organisation and must be allowable within rules defined by the training package.

Engaging in reasonable adjustment activities, such as assisting students to identify their learning needs or offering a wide variety of course options and delivery modes, exemplifies good teaching practice.

Why is reasonable adjustment so important?

A person with a disability has the same right to study at any educational institution as any other student. The Disability Discrimination Act 1992 makes it unlawful for an education service provider to discriminate against someone because the person has a disability. The Disability Standards for Education 2005 provide greater clarity on areas where reasonable adjustment can be applied.

If a person with a disability meets the necessary course entry requirements of a registered training organisation, he or she should have just as much chance to study there as anyone else.

Under the Australian Quality Training Framework Essential Standards for Registration, a registered training organisation is required to identify and comply with relevant Australian Government, state or territory laws on issues such as discrimination.

People with a disability who believe an education service provider has not made reasonable adjustment to respond to their needs can complain formally to the Human Rights and Equal Opportunity Commission or their state or territory anti-discrimination commission.

Determining reasonable adjustment

Participants in vocational education and training could have a range of disabilities such as:

  • learning disabilities
  • sensory impairments (including vision, hearing or speech impairment)
  • physical or mobility impairments
  • psychological or psychiatric impairments (or mental illness)
  • disabilities, such as cerebral palsy or head injury, which may result in multiple impairments
  • medical conditions such as HIV or AIDS, cancer, or chronic fatigue syndrome (which may result in multiple disabilities)
  • intellectual disabilities.

In most situations the person with the disability will be able to tell educators what adjustments he or she needs to be able to study. If necessary, educators should also seek advice from government agencies or support organisations to determine what needs to be done to accommodate an individual’s needs.

Reasonable adjustment activities could involve:

  • modifying or providing equipment
  • changing assessment procedures
  • changing course delivery
  • modifying premises.

The determination of 'reasonableness' requires judgement that must take into account the impact on the organisation and the need to maintain the integrity of the unit of competency.

Where the qualification outcome is specifically related to an 'occupational' outcome, any reasonable adjustment may only be accommodated in the assessment process if the workplace can be similarly 'adjusted' to accommodate the needs of the applicant/employee.

What if changes are too difficult for educators?

The Disability Discrimination Act 1992 does not require changes to be made if they will cause major difficulties or unreasonable costs to a person or organisation. This is called ‘unjustifiable hardship’. Before claiming that adjustments are unjustified, educators need to consider thoroughly how an adjustment might be made, discuss this directly with the person involved and consult relevant sources for advice.

Planning to provide for all

Registered training organisations need to plan how they can cater for students with disabilities and support and develop the training skills of staff to cater for a broader range of students.

Registered training organisations have the option of lodging an action plan outlining how they will ensure that their services do not unfairly discriminate with the Human Rights and Equal Opportunity Commission. Preparing and lodging an action plan not only helps businesses to identify any discriminatory practices but also demonstrates forethought and consideration.

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