Definitions
In interpreting this Policy, the terms outlined below apply.
| Word/Term | Definition/Explanation |
|
Adjustment |
A measure or action (or a group of measures or actions) taken by Nan Tien Institute (NTI) that has the effect of assisting a student with a disability on the same basis as a student without a disability, and includes an aid, a facility, or a service that the student requires because of their disability. |
|
Appropriate medical documentation |
Medical documentation issued by health professionals registered through the Australian Health Practitioner Regulation Agency (AHPRA) with a valid provider number. |
| Assessment | Measure or evaluation of a student’s ability to meet the learning requirements of a course. This includes both the content and design of assessment tasks. |
| Carer | An NTI student who provides support to a person with a disability who may or may not be a student at the NTI. A carer may include but is not limited to: (a) A spouse of the person; (b) Another person who is living with the person on a genuine domestic basis; (c) A relative of the person; (d) A carer of the person, and (e) Other groups listed within the Disability Discrimination Act 1992 (Clth). |
| Disability |
Persons are considered to have a disability if they have a limitation, restriction or impairment, which has lasted, or is likely to last, for at least six months and restricts everyday activities. This includes:
|
| Discrimination | When someone is treated unfairly because they belong to a particular group of people or have a particular characteristic. For example, treating someone unfairly or differently because of: sex, pregnancy, race (including colour, ethnicity, and descent), disability, sexual preference, religion, transgender, carer’s responsibilities, marital status, social origin, political belief, employee association activity, an irrelevant criminal record or age. |
| Harassment | An action taken in relation to a person’s disability that is reasonably likely, in all the circumstances, to humiliate, offend, intimidate, or distress the person or the associate. |
| Indirect discrimination |
Occurs when there is a requirement or rule that is the same for everyone but in effect disadvantages people from a particular group more than people from other groups - unless the requirement is reasonable in the circumstances. |
| On the same basis |
A student with a disability has opportunities and choices in courses or programs and the use of facilities and services comparable to other students without disabilities. |
| Prospective Student |
A person who approaches the institution about seeking admission to, or applying for enrolment in, the institution. |
| Reasonable Adjustment |
An adjustment is reasonable in relation to a student or an associate with a disability if it balances the interests of all parties affected and does not impose unjustifiable hardship. |
| Staff | All people employed by NTI including conjoint appointments, whether on continuing, permanent, fixed-term, casual or cadet or traineeship basis. |
| Student | A person registered for a course at NTI. |
| Support Service | An action or program provided at NTI that assists a student’s ability to participate in NTI’s environment. |
| Unjustifiable Hardship |
In determining what constitutes unjustifiable hardship, all relevant circumstances of the particular case are to be taken into account including: a) The nature of the benefit or detriment likely to accrue or be suffered by any persons concerned. b) The effect of the disability of a person concerned. c) The financial circumstances and the estimated amount of expenditure required to be made by the person claiming unjustifiable hardship; and d) In the case of the provision of services, or the making available of facilities, an action plan given to the Australian Human Rights Commission. |
Scope
This policy supports the provision of a learning and social environment, both physical and
digital, that ensures students with disability or enduring health condition can fully participate
at NTI in an environment free from harassment and discrimination.
This policy outlines the rights and responsibilities of students in relation to students who:
• lives with disability, either temporary or permanent
• Lives with an enduring health condition,
• undertake carer responsibilities for a person with disability or enduring health
condition.
Within this policy the term “students with disability” or “person with disability” refers to any
person living with a disability or chronic health condition.
Policy Statement
1. NAN TIEN INSTITUTE IS COMMITTED TO:
1.1 Providing an experience that gives students with disability the opportunity to fully participate at Nan Tien Institute (NTI)
1.2 Balancing the interests of all parties affected by reasonable adjustment.
1.3 Maintaining the academic standards of its courses and programs.
1.4 Providing a supportive educational environment and an appropriate level of resources that will enable all students to achieve their course learning outcomes.
1.5 Continuous improvement that will ensure all buildings and facilities are accessible to people with disabilities. This will be achieved through the ongoing review and upgrade of existing buildings and construction of new buildings and facilities to comply with the Building Code of Australia (BCA) and the relevant sections of the Australian Standard AS 1428-2001 Design for Access and Mobility; and
1.6 Providing an environment free from harassment and discrimination.
1.7 Supporting students who provide carer responsibilities for a person with a disability.
Systems and Procedures
2. ROLES & RESPONSIBILITIES
2.1. NTI has a responsibility to:
2.1.1. Ensure that this Policy is accessible to all students; and
2.1.2. Ensure that this Policy is implemented and applied consistently across NTI.
2.1.3. Ensure that students are not be treated less favourably as a result of their disabilities or enduring
health condition, manifestations of their disabilities or enduring health condition, or caring
responsibilities for someone with disabilities or enduring health condition
2.2. Student Services Office has a responsibility to:
2.2.1. Ensure that current, relevant and appropriate medical or specialised documentation is
provided by the student.
2.2.2. Obtain further medical or specialised documentation/advice in order to ensure
suitable reasonable adjustments.
2.3. Student Support Services have a responsibility to:
2.3.1. Provide consultation to students with a disability in order to recommend reasonable
adjustments;
2.3.2. Provide teaching and relevant support staff with advice and, where necessary, to
consult on:
a) the recommended reasonable adjustments for individual students,
b) how a specific disability may affect learning, teaching and assessment
c) inclusive teaching and learning strategies, and
d) accessibility
2.3.3. Provide information, advice and support on matters related to disability to the NTI
community as required; and
2.3.4. Resolve issues or conflicts related to a disability between a student with a disability
and a staff member of NTI.2.4. Academic staff have a responsibility to:
2.4.1. Ensure that this Policy is applied consistently so that all students are treated fairly
and equitably as far as practicable.
2.4.2. Participate in the consultative process with Student Support Services to determine
reasonable adjustments as required; and
2.4.3. Implement recommended reasonable adjustments consistent with NTI’s
responsibility to apply the Disability Standards for Education 2005.
2.5. The Student Services and Academic Support Manager has a responsibility to:
2.5.1. Act as a link between students and relevant academic staff to ensure students are
supported through their study.
2.5.2. Facilitate reasonable adjustment provisions at NTI for each student registered with
the Student Services Office, and
2.5.3. Work with Student Support Services and NTI Management to develop and
review Disability Policy in line with current legislation.
2.6. The student living with a disability or enduring health condition has a responsibility to:
2.6.1. Register with Student Services Office in a timely manner;
2.6.2. Provide current, relevant and appropriate medical or specialised documentation.
2.6.3. Advise Student Services Office:
a) of their subject enrolment at the beginning of each academic session.
b) when they alter their subject enrolment.
c) when they take leave of absence from their studies.
d) when they discontinue their studies.
2.6.4. Participate in consultations and reviews as required.
2.6.5. Inform Student Services Office when their circumstances or condition changes.
2.7. The student who is an associate or carer of a person living with a disability or enduring
health condition has a responsibility to:
2.7.1. Register with Student Services.
2.7.2. Provide current, relevant and appropriate medical or specialised documentation.
2.7.3. Participate in consultations and reviews as required.
2.7.4. Inform Student Services Office when their circumstances or the condition of the
person with the disability changes.
3. GRIEVANCE
3.1. Students who have a question or concern about a decision, act or omission that
affects their academic experience should refer to the Student Grievance Policy for
information on how to lodge a formal grievance
3.2. Student cases or complaints of harassment or victimisation on the basis of disability
should be referred to the Student Services Office.
Legislation & Regulation
| Version | Date Approved | Date Effective | Approved By | Amendment |
|---|---|---|---|---|
| 1 | 18 Oct 2019 | 18 Oct 2019 | Academic Board | |
| 2 | 22 Oct 2019 | 22 Oct 2019 | Academic Board | |
| 3 | 18 Feb 2022 | 18 Feb 2022 | Academic Board |