Education providers may have an obligation to uphold a duty of care to prevent discrimination pursuant to the Anti-Discrimination Act 1977 (NSW). The Act provides protection from discrimination on the grounds of:
- Gender;
- Disability;
- Race;
- Sexual preference;
- Religion.
Some schools may be exempt from these prohibitions, for example single sex schools and religious schools.
Both teachers and students may be victims of discrimination by the education provider, as might be others within the education fraternity. Such discrimination may be evident in the treatment of the student or teacher and the opportunities made available to them.
Discrimination may not only be a breach of the law, but may also be in breach of a Code of Conduct or employment contract by which the school is bound. The school should take steps to prevent the persistence of any such discrimination. A failure to do so, may also expose the school to liability.
Other legislation that may apply includes the Commonwealth Disability Act 1992 (Cth) and the Disability Standards for Education 2005 (Australian Government Department of Education) which place a positive obligation on schools to make reasonable adjustments for students with a disability to ensure that they can access and participate in education. A disability under the legislation is broadly defined and can include learning disabilities, mental health conditions and chronic illness. If a school fails to make reasonable adjustments to accommodate a student’s disability and this negatively impacts their academic performance, it can constitute unlawful discrimination by a school.
At Navado, we have experience in advising clients as to whether they have a claim in discrimination in an education and schools context, as well as the avenues for redress available. We have also assisted clients in matters involving defamation and employment law which often coincides with discrimination cases.
If you believe you have been subjected to discrimination by a school or education institution, we recommend you contact our firm and arrange an appointment to see one of our Education & Schools Law Solicitors. Please contact us on (02) 9233 4048 or send an email to info@navado.com.au.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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