POLICY AND PROCEDURE
DISABILITY AND DISABILITY SUPPORT
1
PURPOSE
This policy and procedure ensures that Train@ CQUniversity students and staff with disabilities have the same
rights to education, training, employment opportunities and professional development as those without
disabilities. This is demonstrated through Train@ CQUniversity and CQUniversity’s commitment to:
•
•
•
2
access and participation
identification, confidentiality and disclosure
elimination of discrimination and harassment
SCOPE
This policy and procedure applies to Train@ CQUniversity students.
3
EFFECTIVE DATE 13 April 2015 (CQUniversity policy and procedure effective 23 November 2009 and
07 August 2013 respectively
4
LEGISLATIVE AUTHORITY
Refer to CQUniversity Disability Policy (below).
5
PROCEDURE
Refer to CQUniversity Disability Support Procedure (below).
Disability Policy and Disability Support Procedure
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Page 1
POLICY
DISABILITY POLICY
POLICY STATEMENT
All students and staff of CQUniversity should be treated with dignity and
enjoy the benefits of education, training and employment in an inclusive
environment that values and encourages participation by all.
CQUniversity seeks to eliminate barriers, provide appropriate resources and
create a supportive learning and working environment for students and staff
with disabilities without compromising academic or professional merit.
Furthermore, the University will take all necessary steps to inform and
educate students and staff of their rights and responsibilities in creating an
environment free from discrimination, harassment or victimization.
CQUniversity upholds the rights of people with disabilities through its
adherence to all relevant legislative requirements and by recognition of the
Convention on the Rights of Persons with Disabilities (2008). The University
values the services it provides to people with disabilities and demonstrates
its ongoing commitment to equitable inclusive principles and practices
through the implementation of the CQUniversity Inclusive Practices
Disability Plan 2012 - 2015.
PURPOSE
The aim of this policy is to ensure that students and staff with disabilities at
CQUniversity have the same rights to education, training, employment
opportunities and professional development as those without disabilities.
This is demonstrated through CQUniversity’s commitment to:
1
Access and Participation
CQUniversity encourages students and staff with disabilities to
participate and contribute as equal members of the University
community. It aims to provide equitable access to programs,
resources, services, procedures, facilities and the physical
environment of the university so that students and staff can pursue
their academic and professional goals on the same basis as other
individuals. This may involve making reasonable adjustments for
students and staff.
1.1
CQUniversity will ensure the equitable treatment of students and staff
by providing adjustments or accommodations that are necessary,
possible and reasonable. Adjustments are reasonable if they do not
impose unjustifiable hardship on the university. To further advance
access and participation of people with disability, CQUniversity will
continue to imbed inclusive practices and universal design principles
into its day-to-day operations in key areas of teaching, learning,
services and facilities, including measures to enable appropriate
access to online resources and information technology unless there is
unjustifiable hardship.
Disability Policy
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1.2
The University will ensure that students with disabilities are able to
access and participate in educational courses or programs and use
services and facilities on the same basis as students without
disabilities. In addition, students will have access to specialized
student support services, assistive technologies, equipment and other
reasonable adjustments, without which some would not be able to
access or participate in education. (Refer to CQUniversity Disability
Support Procedures – 1 Students)
1.3
CQUniversity recognizes that staff should be selected for employment
on the basis of professional merit and will ensure that prospective
employees with disabilities are able to apply for employment on the
same basis as those without disabilities. In addition, the University will
ensure that staff with disabilities are able to access and participate in
work related programs (including professional development activities),
career development and performance management on the same
basis as staff without disabilities. Staff with disabilities will also have
access to specialized support services, assistive technologies,
equipment and other reasonable adjustments, without which some
would not be able to access employment or education and training.
Potential and existing staff will be required to undertake the inherent
requirements of the position taking into account reasonable
adjustments. (Refer to CQUniversity Disability Support Procedures –
2 Staff)
2
Identification, Confidentiality and Disclosure
2.1
Students and staff with disabilities are invited to identify during the
enrolment/application process. Those individuals who require
assistance should then contact the appropriate University staff
member as soon as possible (see Disability Support Procedures).
This ensures that allocation of resources can be made in a timely
manner. While disclosure is voluntary, failure to register with a
disability may be disadvantageous or delay assistance to the student
or staff member.
2.2
Information provided to the University by students and staff is
protected and treated confidentially (Refer to CQUniversity Privacy
Plan). Documentation is retained by designated University staff
charged with accommodating the needs of individuals with disabilities.
Information is only used to substantiate reasonable adjustments made
on behalf of individuals. Students and staff must consent before any
information about their disabilities is released.
2.3
Students and staff who have registered and require assistance are
consulted on reasonable adjustments and other forms of assistances
based on their individual circumstances. The university encourages
students and staff to be involved in the decision making process to
ensure their best possible outcomes.
2.4
CQUniversity staff are required to comply with mandatory reporting
obligations under Section 140 of the Health Practitioner Regulation
National Law (2010). This requires that a registered health
practitioner must notify the Australian Health Practitioners Registration
Authority (AHPRA) if they form a reasonable belief that another
registered health practitioner has behaved in a way that constitutes
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‘notifiable conduct’ including having placed the public at risk of
substantial harm in their practice because they have an impairment.
3
Eliminate Discrimination and Harassment
3.1
It is unlawful to discriminate against a person because of their
disability. Individuals who believe they have experienced
discrimination or harassment because of their disability should pursue
a resolution through the Student Complaints Process or the
Workplace Harassment (Bullying), Sexual Harassment and Unlawful
Discrimination Policy and Procedures. Use of these procedures does
not preclude students and staff also having the right to make formal
complaints to the Australian Human Rights Commission or the AntiDiscrimination Commission Queensland.
3.2
The Disability Discrimination Act (1992) protects friends, relatives and
others from discrimination because of their connection to or
relationship with someone with a disability. In recognition of carer
responsibilities, the University may make special provisions and/or
provide support as required for students and staff who are carers of
people with disability.
3.3
CQUniversity endeavours to encourage positive and informed
attitudes towards people with disability and their associates through
education and staff development programs.
SCOPE
This policy applies to all CQUniversity students, staff, committees and the
University Council.
RESPONSIBILITY
FOR
IMPLEMENTATION
Overall responsibility for the implementation of this Disability Policy resides
with the Vice Chancellor and President.
All members of the University Council, Deputy Vice-Chancellors, Pro-Vice
Chancellors, Executive Deans, Heads of Divisions and Managers are
responsible for the implementation of this policy and associated policies,
procedures and plans.
COMPLIANCE AND
MONITORING
All students and staff are responsible for complying with this policy.
Compliance monitoring occurs through reporting of disability discrimination
in matters raised under the Student Complaints Policy and Procedures and
the Workplace Harassment (Bullying), Sexual Harassment and Unlawful
Discrimination Policy and Procedures.
SUPPORTING
LEGISLATION
AND DOCUMENTS
Disability Services Act (2006)
Guide, Hearing and Assistance Dogs Act 2009
Human Rights and Equal Opportunity Commission Act 1986
Disability Discrimination Act (1992)
Disability Standards for Education (2005)
Central Queensland University Act (1989)
Queensland Anti-Discrimination Act (1991)
Workplace Relations Act 1996
Health Practitioner Regulation (National Uniform Legislation) Act 2010
CQUniversity Inclusive Practices Disability Plan 2012 - 2015
Disability Policy
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Student Complaints Policy and Procedures
Workplace Harassment (Bullying), Sexual Harassment and Unlawful
Discrimination Policy and Procedures
Rehabilitation Policy and Procedures
Privacy Plan
DEFINITIONS
Disability in relation to a person, means:
a
total or partial loss of the person’s bodily or mental functions; or
b
total or partial loss of a part of the body; or
c
the presence in the body of organisms causing disease or illness; or
d
the presence in the body or organisms capable of causing disease or
illness; or
e
the malfunction, malformation or disfigurement of a part of the
person’s body; or
f
a disorder or malfunction that results in the person learning differently
from a person without the disorder or malfunction; or
g
a disorder, illness or disease that affects a person’s thought
processes, perception of reality, emotions or judgment or that results
in disturbed behaviour;
and includes a disability that:
h
presently exists; or
i
previously existed but no longer exists; or
j
may exist in the future (including because of a genetic predisposition
to that disability); or
k
is imputed to a person
To avoid doubt, a disability that is otherwise covered by this definition
includes behavior that is a symptom or manifestation of the disability.
Discrimination: involves treating people with a disability less fairly than
people without a disability. Examples of discrimination include restricting
access to services, educational or employment opportunities on the basis of
stereotyping people with disability or restrictive personnel practices (eg
employment policies, working conditions). Discrimination can be either direct
or indirect. Harassment because of disability, such as insults or humiliating
jokes, is unlawful in employment and education. It is also unlawful to
discriminate against relatives, friends, carers or assistants of people with
disability if discrimination occurs because of that connection or relationship.
Inherent Requirements: are the fundamental, essential elements to the
learning and assessment requirements of a particular course or the
performance of roles and tasks relevant to a staff position. The University
considers whether the person could perform these requirements if a
reasonable adjustment were made.
Reasonable Adjustment: (also known as accommodations) are the
tangible and practical considerations and measures made to the learning
and/or working environment in order for students and staff with disabilities to
fulfil the inherent requirements of academic programs and their professional
duties. CQUniversity fulfils its positive duty to provide reasonable
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adjustments based on consultation. Examples of reasonable adjustments
include the provision of materials in alternative formats, specialized
equipment or modification of premises.
Unjustifiable Hardship: is a defence which may be used by the University
to counter a claim of discrimination if it is unable to make an adjustment for
a person with a disability. In determining unjustifiable hardship CQUniversity
must take into account all relevant circumstances of a particular case. This
includes consideration of:
•
the nature of the benefit or detriment likely to accrue or be suffered by
any persons concerned; and
•
the effect of the disability of the person concerned; and
•
the financial circumstances and the estimated expenditure required by
the university;
•
the CQUniversity Inclusive Practices Disability Plan 2012 - 2015
All terminology used within this policy is consistent with definitions in the
CQUniversity Glossary.
Approval Authority
Administrator
Original Approval Date
Amendment History
Date of Next Review
Related Documents
Vice-Chancellor and President
University Secretary
23 November 2009
Vice-Chancellor and President 4 December 2012; Position titles updated 7
August 2013.
4 December 2015
Disability Support Procedures
This policy replaces the Disability Policy Statement.
Disability Policy
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PROCEDURES
DISABILITY SUPPORT PROCEDURES
PURPOSE
These procedures inform students and staff of the provision of specialized support services, assistive
technologies, equipment and other reasonable adjustments available for people with disabilities at
CQUniversity, and how to access these.
Please refer to the Disability Policy for an outline of the University’s commitment to uphold the rights of
people with disabilities and its adherence to all relevant legislative.
1
Students
The provision of support services, assistive technologies, equipment and other reasonable adjustments
ensure that students with disabilities have equitable access and participation in educational programs,
services and facilities. Reasonable adjustments are specific and operate in conjunction with existing
support services and within the University guidelines relating to academic matters. For example,
requests for assignment extensions are not considered to be part of the disability assistance process.
Refer to the Assessment of Coursework Policy for further information.
1.1
Students who indicate that they have a pre-existing, recently diagnosed or temporary illness,
medical condition or disability and wish to access a support service, assistive technology,
equipment or other reasonable adjustment are invited to register with the Student Participation and
Wellbeing Centre.
1.2
Prospective students who identify themselves with a disability at enrolment via the CQUniversity
Enrolment Wizard (or otherwise by enquiry) are contacted by the Disability Service and provided
with details of the Disability website and the location of the registration forms. Students can contact
the Student Participation and Wellbeing Centre directly or download the forms online.
1.3
The registration process includes the student’s treating health practitioner completing the Treating
Health Professionals Report or providing a document that complies with the Medical
Documentation Requirements.
1.4
Once registration and medical documents are received at the Student Participation and Wellbeing
Centre; the student is contacted by the relevant Student Participation and Wellbeing Centre staff
member (Disability) for a face to face or phone interview.
1.5
During the consultation, the Student Participation and Wellbeing Centre staff member will consult
with the student on support services, assistive technologies, equipment, exam accommodations or
other reasonable adjustments. Examples of assistance include:
•
Specialist Software Use on Campus;
•
Assistance during Residential Schools;
•
Availability of electric scooter for campus use;
•
Special exam conditions – at all exam venues (eg scribe, computers, rest or additional
working time);
•
Participation Assistant – assisting with skills such as time management and organisation,
note taking and scribing;
Disability Support Procedures
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•
Loan of and/or advice on specialist equipment;
•
Assistance in obtaining education materials in alternative formats;
•
Use of the Assistive Technology Room which is available in the library on most CQUniversity
campuses;
•
Temporary assistance due to a break/fracture/hospitalization;
•
Assistance with On-Line Quiz adjustments.
1.6
Forms of assistance are recommended and communicated directly in the Disability Support Plan,
which is based on the consultation and medical documentation. A Disability Support Plan is a brief
outline of your registration details and any accommodations and/or assistive services put in place.
A copy of the Disability Support Plan is emailed to the student after the initial registration.
1.7
The Disability Support Plan may be updated throughout the academic year. Students should
contact the Student Participation and Wellbeing Centre if the impact of their disability or medical
condition changes or if reasonable adjustments need to be reviewed for a different course of study.
An updated copy of the Disability Support Plan will be emailed to the student if changes are made.
1.8
In some cases it may be necessary for the Student Participation and Wellbeing Centre to liaise
with the appropriate Deputy Dean (Learning and Teaching) to determine whether proposed
adjustments are reasonable in assisting students to fulfil the inherent requirements of their study
programs. In these instances, students are notified of the outcome directly by a Student
Participation and Wellbeing Centre staff member within a reasonable time.
1. 9 Disclosure to division staff by the Student Participation and Wellbeing Centre staff member is
based on the level of support required by the student. Written consent by the student is indicated
on the Disclosure Form provided at initial registration. Students are encouraged to be proactive
and advise relevant teaching staff directly of their specific circumstances if these are likely to
impact on their learning. Division staff are not automatically advised that a student is registered
with the Disability Service; it is the responsibility of the student to contact Division at the
commencement of Term and supply a copy of their Disability Support plan if applicable. Student
Participation and Wellbeing Centre staff members are available to advise and assist with liaising
with Division if requested by the student.
1.10 If mandatory reporting to the Australian Health Practitioners Registration Authority (AHPRA) is
required, the relevant staff member delegated with reporting authority will discuss disclosure with
the affected student. CQUniversity staff and Student Participation and Wellbeing Centre staff are
required to report to the relevant Dean of School any student registered with Australian Health
Practitioners Registration Authority who, because of their impairment, may place the public at
substantial risk of harm during clinical training.
1.11 Confirmation of examination accommodations is only available to students through their student
page in CQUcentral via the student portal. Students with disabilities who have registered and
discussed exam accommodations with a Student Participation and Wellbeing Centre staff member
can view them online by selecting the exam accommodations option. Students are responsible for
checking all details of their schedule (including room numbers, dates and times) and must ensure
that all negotiated accommodations appear on their schedule two weeks prior to their examinations.
1.12 Registrations do not roll over from one year to the next. It is important to continue to register each
calendar year if ongoing support and assistance is required from the Student Participation and
Wellbeing Centre; therefore continuing students must re-register and update their medical
documentation when necessary, to continue receiving assistance.
2
Staff
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The provision of specific support services, assistive technologies, equipment and other reasonable
adjustments ensure that staff with disabilities have equitable access to employment opportunities,
training, promotion, services and facilities. The provision of reasonable adjustments are made to assist
people with a disability in performing the inherent requirements of the work. Consideration in regard to
work, will need to be given if potential or existing staff are not able to perform the inherent requirements
of the work with reasonable adjustments or, if the reasonable adjustments would provide unjustifiable
hardship.
2.1
Potential or existing staff have no obligation to disclose a disability unless it is likely to affect their
ability to undertake the inherent requirements of the position. If potential or existing staff require
workplace adjustments then there is a requirement to disclose their disability.
2.2
New and existing staff who indicate that they have a pre-existing, recently diagnosed or temporary
illness, medical condition or disability and wish to access a support service, assistive technology,
equipment or other reasonable adjustment are invited to discuss their needs with their supervisor
or seek initial advice from the Staff Training and Equity Officer. Existing staff members may also
have access to assistance through the Rehabilitation Policy as a non-work related injury or illness.
2.3
Staff generally disclose the following information to their Supervisor:
•
the name of the condition;
•
how it may affect the way the staff member works;
•
possible adjustments to the work environment.
2.4
After consulting with the staff member, the Supervisor may seek advice and assistance from the
Staff Training and Equity Officer. Requests are managed on a case by case basis and may need
further consultation with professional medical officers and other areas of CQUniversity such as
Organisational Health and Development Unit, Facilities Management Directorate, or Information
Technology Directorate before a decision on a reasonable adjustment can be made. Cases are
considered from a whole of organization perspective and not the work unit.
2.5
Once adjustments are agreed upon, staff members are notified directly by their supervisor with
assistance from the Staff Training and Equity Officer.
2.6
A supporting medical document from the staff member’s treating health professional may be
required before a reasonable adjustment is made, but is only used for the purposes of
implementing forms of support.
2.7
Disclosure of information cannot be made without consent of the staff member and is only made on
a ‘need to know’ basis (Refer to the CQUniversity Privacy Plan).
2.8
If mandatory reporting to the Australian Health Practitioners Registration Authority (AHPRA) is
required, the relevant staff member delegated with reporting authority will discuss disclosure with
the affected staff member. CQUniversity staff and Student Participation and Wellbeing Centre staff
are required to report to Australian Health Practitioners Registration Authority any staff registered
with Australian Health Practitioners Registration Authority who, because of their impairment, may
place the public at substantial risk of harm during the practice of their profession.
2. 9 Staff with disabilities are encouraged to self disclose their disability through Employee Self Service
Online, as part of the Equal Employment Opportunity data. This information will be used to provide
statistical information for reporting purposes, to inform CQUniversity equity and diversity strategies;
marketing purposes; and to improve funding opportunities. Data will only be accessible by the
People and Culture Directorate. The Staff Training and Equity Officer may contact individuals
regarding specialised equity needs.
Disability Support Procedures
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2. 10 Staff who believe they have been treated unfairly under these procedures should use the
Workplace Harassment (Bullying), Sexual Harassment and Unlawful Discrimination Policy and
Procedures. Staff also have the right to contact the Anti-Discrimination Commission Queensland
or the Australian Human Rights Commission.
DEFINITIONS
Consultation: before an adjustment is made for a student, the student or an associate of the student
must be consulted. Students and staff who have registered and require assistance are consulted on
reasonable adjustments and other forms of assistances based on their individual circumstances. The
university encourages students and staff to be involved in the decision making process to ensure their
best possible outcomes.
Reasonable Adjustments: are based on consultation. Reasonable adjustments will be made to
accommodate students and staff with disability without compromising the inherent requirements of the
program or position. Adjustments are reasonable if they do not impose unjustifiable hardship on the
University.
Inherent Requirements: are the fundamental, essential elements to the learning and assessment
requirements of a particular course or the performance of roles and tasks relevant to a staff position. The
University considers whether the person could perform these requirements if a reasonable adjustment
were made.
Unjustifiable Hardship: is a defence which may be used by the University to counter a claim of
discrimination if it is unable to make an adjustment for a person with a disability. In determining
unjustifiable hardship CQUniversity must take into account all relevant circumstances of a particular
case. This includes consideration of:
•
the nature of the benefit or detriment likely to accrue or be suffered by any persons concerned; and
•
the effect of the disability of the person concerned; and
•
the financial circumstances and the estimated expenditure required by the university;
•
the CQUniversity Inclusive Practices Disability Plan 2012 - 2015
RESPONSIBILITIES
Overall responsibility lies with the University Secretary. All University staff are responsible for complying
with these procedures. Responsibilities for actions under these procedures are detailed throughout this
document.
RECORDS
All records relevant to these procedures are to be maintained in a recognised University recordkeeping
system.
SUPPORTING DOCUMENTS
Disability Services Act (2006)
Guide, Hearing and Assistance Dogs Act 2009
Human Rights and Equal Opportunity Commission Act 1986
Disability Discrimination Act (1992)
Disability Standards for Education (2005)
Central Queensland University Act (1989)
Queensland Anti-Discrimination Act (1991)
Workplace Relations Act 1996
Health Practitioner Regulation (National Uniform Legislation) Act 2010
Disability Support Procedures
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CQUniversity CRICOS Provider Codes: QLD - 00219C; NSW - 01315F; VIC - 01624D
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CQUniversity Inclusive Practices Disability Plan 2012 - 2015
Student Complaints Policy and Procedures
Workplace Harassment (Bullying), Sexual Harassment and Unlawful Discrimination Policy and
Procedures
Rehabilitation Policy and Procedures
Privacy Plan
Approval Authority
Administrator
Original Approval Date
Amendment History
Date of Next Review
Related Documents
Vice-Chancellor and President
University Secretary
4 December 2012
Position titles updated 7 August 2013.
4 December 2015
Disability Policy
Disability Support Procedures
Version: 2
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CQUniversity CRICOS Provider Codes: QLD - 00219C; NSW - 01315F; VIC - 01624D
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