The responsibilities of schools and the Department of Education
Student safety and wellbeing obligations
Enrolment, attendance and discipline requirements
The operation of government schools
However, for day-to-day school practice, a lot of what families experience is guided by Ministerial Orders, which sit under that Act. These are legally binding directions to schools.
The most important one for disability, behaviour and safety is:
Ministerial Order No. 1125 – Procedures for Suspension and Expulsion of Students in Government Schools
This governs:
Behaviour management
Use of suspension and expulsion
Requirements to consider disability and reasonable adjustments
Student support obligations
Procedural fairness
Duty of care
For disability and inclusion, schools must also comply with:
Disability Discrimination Act 1992 (Cth)
Disability Standards for Education 2005 (Cth)
Equal Opportunity Act 2010 (Vic)
Together, these mean schools must:
Provide reasonable adjustments
Consult with parents
Avoid indirect discrimination
Ensure students with disability are not excluded or punished for disability-related behaviour
So the legal framework looks like this:
Area
Law
Core education governance
Education and Training Reform Act 2006 (Vic)
Behaviour, suspension, expulsion
Ministerial Order 1125
Disability rights (federal)
DDA 1992 + DSE 2005
Disability rights (Victoria)
Equal Opportunity Act 2010 (Vic)
Victorian Equal Opportunity Act 2010
Victorian Equal Opportunity Act 2010
The Equal Opportunity Act 2010 (Vic) is a key piece of legislation that protects people from discrimination, harassment and victimisation in areas such as education, employment, services, and access to facilities. For children and young people with disability, it provides a strong legal foundation for their right to fair, inclusive and non-discriminatory treatment in schools and other settings.
Under the Act, schools and service providers have a legal obligation to:
Not discriminate against a person because of disability
Provide reasonable adjustments to enable equal access and participation
Avoid practices that indirectly disadvantage people with disability
Actively prevent discrimination and harm
Discrimination is not only about exclusion. It also includes:
Failing to provide appropriate supports
Imposing rigid systems that ignore individual needs
Using policies in ways that disproportionately harm children with disability
Ignoring parent input or expert recommendations
The Act recognises that equal treatment does not always mean identical treatment. True equality often requires adjustments, flexibility and individualised planning so that a child with disability has the same opportunity to access education, safety and wellbeing as their peers.
At Autism Goals, the Equal Opportunity Act 2010 underpins much of our advocacy work. We use it to:
Support families when schools fail to provide reasonable adjustments
Identify systemic discrimination and exclusion
Strengthen tribunal and complaint documentation
Advocate for rights-based, lawful practice in education settings
The Act is not about conflict. It is about accountability, dignity, and ensuring that children with disability are protected by law, not marginalised by systems.
The Disability Discrimination Act 1992 (DDA)
The Disability Discrimination Act 1992 (DDA)
The Disability Standards for Education 2005 (DSE) were established to ensure that students with disabilities have the same rights to education as other students. These standards are an extension of the Disability Discrimination Act 1992 (DDA), which prohibits discrimination against people with disabilities in various areas of public life, including education. The DSE provides detailed guidance on how educational institutions should comply with the DDA, outlining the responsibilities of education providers to make reasonable adjustments that enable students with disabilities to participate fully in education on an equal basis with others.
The origins of the DSE are rooted in Australia's commitment to upholding the rights of people with disabilities, as outlined in the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which Australia ratified in 2008. The CRPD emphasises the importance of inclusive education, recognising that individuals with disabilities have the right to education without discrimination and on an equal basis with others. The DSE reflects these principles by ensuring that students with disabilities, including those who are neurodiverse, are provided with the necessary support and adjustments to access and participate in education.
For neurodiverse students—such as those with autism, ADHD, or other cognitive differences—the DSE plays a critical role in protecting their rights. It requires educational institutions to identify and remove barriers to learning, provide appropriate supports, and make adjustments that allow these students to participate effectively in all aspects of school life. This might include modifications to teaching methods, assessment practices, or physical environments to ensure that neurodiverse students can engage with the curriculum on an equal footing with their peers.
By aligning with the UN's human rights framework and the DDA, the DSE reinforces Australia's commitment to fostering an inclusive and equitable educational system where all students, regardless of their abilities, can thrive.
The Disability Discrimination Act 1992 (DDA) is a landmark piece of legislation in Australia designed to eliminate discrimination against individuals with disabilities in various areas of public life, including education, employment, and access to goods, services, and facilities. The DDA aims to promote equal opportunity, participation, and protection of rights for people with disabilities, ensuring that they are not unfairly treated or excluded due to their disabilities.
The origins of the DDA can be traced back to growing awareness and advocacy for the rights of people with disabilities in the late 20th century. Influenced by global movements and the adoption of international human rights instruments, the DDA aligns with the principles set out in the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which Australia ratified in 2008. The CRPD emphasises the rights of individuals with disabilities to enjoy full and effective participation in society on an equal basis with others, without discrimination.
In the context of education, the DDA plays a critical role in safeguarding the rights of neurodiverse students, including those with autism, ADHD, and other cognitive or neurological differences. The Act mandates that educational institutions must make reasonable adjustments to accommodate the needs of students with disabilities, ensuring they have equal access to education and are not subjected to unfair treatment. This legal protection is reinforced by the Disability Standards for Education 2005, which provide detailed guidance on how the DDA should be implemented in educational settings to support students with disabilities.
By aligning with the UN's human rights framework, the DDA underscores Australia's commitment to upholding the dignity, rights, and freedoms of individuals with disabilities, ensuring that neurodiverse students receive the support and respect they need to thrive in educational environments.