Students with Disability

Knowing your rights and advocating for yourself a student with disability 

If you’re a student with disability in Australia, you have rights that ensure you can access education and employment fairly. Understanding these rights can help you advocate for yourself, whether in the classroom or the workplace. Let’s dive into some key information and resources to help you stand up for your needs.

Your right to education

In Australia, the Disability Discrimination Act 1992 protects your right to education. Schools, universities, and other educational institutions must treat you fairly and provide the necessary support for you to learn just like everyone else. This law makes it illegal for institutions to:

• Refuse to accept your application because of your disability
• Limit your access to opportunities or benefits
• Fail to provide reasonable adjustments, like special tools or extra support, that help you learn effectively

Reasonable adjustments could include things like using assistive technologies, getting extra time on exams, or having access to a note-taker. Institutions are required to make these adjustments unless it would cause them significant hardship.

This protection extends to all levels of education – from primary school to university – and includes public and private institutions. You have the right to participate fully in your courses and use facilities, the same as any other student. If your institution isn’t providing the necessary support, you can speak up and ask for adjustments that make learning accessible to you.

Tips for advocating for your education

It’s important to feel confident when advocating for yourself. Here are some steps you can take to help get the support you need:

Know your needs

Reflect on what accommodations or adjustments would help you succeed in your learning. For example, do you need extra time for assignments or tests? Do you need assistive technology, like a screen reader or speech-to-text software? By identifying what helps you learn best, you can make clearer requests.

Keep track of specific challenges

If you’re having trouble accessing something in school because of your disability – whether it’s an inaccessible classroom or course material – write down specific examples. This could be something like “I need a different seating arrangement because the current setup blocks my view,” or “I can’t access course materials because they’re not available in a format I can use.” Having specific examples makes your case stronger when you talk to staff.

Speak to the right people

Start by talking to your teachers or lecturers, who may be able to make adjustments in the classroom right away. If the issue is bigger, like needing assistive technology or changes to the physical environment, talk to your institution’s support team or the disability services coordinator. It can also help to loop in a guidance counsellor or support worker who can advocate on your behalf.

Be clear and confident

When you approach someone for support, explain what the issue is and what adjustment would help you. For example, you might say, “I’ve noticed that I struggle to keep up with the lessons because I need additional time to take notes. Would it be possible for me to use a note-taking device or have more time during class activities?” Being clear and confident helps others understand the importance of your request.

Follow up

If nothing changes after your initial request, follow up with the person you spoke to. You can say, “I just wanted to check in about the support we discussed. Has there been any progress?” This shows you are serious and committed to getting the adjustments you need.

Remember, there is nothing wrong with asking for support, and institutions are required to provide reasonable adjustments to help you succeed.

Your rights at work

When it comes to jobs, the Fair Work Act 2009 and Disability Discrimination Act 1992 both provide rights that ensure that employers can’t discriminate against you because of your disability. This means:

• You can’t be denied a job, promotion, or training opportunity because of your disability.
• Employers must make reasonable adjustments so you can do your job. These adjustments could include modifying equipment, changing the physical layout of the workspace, or allowing flexible work hours.

Employers are required by law to make sure your disability doesn’t limit your opportunities at work. For example, if you use a wheelchair, they must make sure that the workplace is accessible. Or if you have a hearing impairment, they could provide assistive listening devices to help you communicate effectively.

It’s also unlawful for an employer to treat you unfairly in other ways because of your disability. Whether you’re applying for a job or already employed, you have the right to be judged based on your skills and abilities, not your disability.

Tips for advocating at work

Advocating for yourself in the workplace can seem challenging, so we have some tips to help you approach it:

Understand what reasonable adjustments are

Reasonable adjustments are changes made to your work environment or duties that allow you to perform your job effectively. These could be physical adjustments, like a standing desk or ramps, or policy adjustments, like flexible hours or remote work options. Knowing what kinds of adjustments are possible, helps you make specific requests.

Prepare your case

Before you talk to your employer, be clear about what accommodations would help you perform your job better. Think about how these adjustments would not only benefit you but also make you a more productive employee. You can say something like, “I’m requesting a modified chair and keyboard so that I can work more comfortably, which will help me stay focused and improve my efficiency.”

Approach HR or a manager early

Don’t wait until a problem becomes unmanageable. If you’re starting a new job, it’s helpful to request any needed adjustments early, even before your first day. If you’re already employed, let your supervisor or HR know as soon as you identify a challenge. Approaching them with enough time to make adjustments shows you’re proactive about your needs.

Document everything

Keep a record of your conversations with your employer about reasonable adjustments. Write down the date, what was discussed, and any agreed-upon actions. If things aren’t progressing, having this information helps you take further steps if needed, like escalating the issue within the company or seeking outside support from advocacy organisations.

Know your resources

If you encounter resistance from your employer, know that you can reach out to the Fair Work Ombudsman or a local disability advocacy organisation. These groups can provide guidance, intervene on your behalf, or help you file a formal complaint if necessary.

By understanding your rights and advocating for yourself, you can ensure that your work environment supports your success and growth.

Tools and technology that can help you succeed

Assistive and adaptive technologies can be game-changers for students with disabilities. These tools help you do things more easily or independently, whether it’s in school or at work. Some examples include:

• Screen readers or magnifiers for students with vision impairments
• Speech-generating devices for students with communication challenges
• Adaptive seating and prostheses for those with mobility issues
• Educational software that tailors learning to your needs

By using these technologies, you can access information, communicate more easily, and participate fully in class or work.

Stand up for your rights

It’s important to know that if you face discrimination, there are ways to address it. You can:

• Talk to someone you trust, like a teacher, mentor, or family member, for advice.
• File a complaint with the Australian Human Rights Commission or the Fair Work Ombudsman if your rights are being violated.

Knowing your rights and advocating for yourself as a student with disability helps ensure that you have the same opportunities to succeed as anyone else. You deserve to be treated with respect and fairness in both school and work, so don’t hesitate to speak up and ask for the support you need.

You can find more resources for students with disability on our website here.