Exceptions for protection of public health

Exceptions for protection of public health Exceptions for the protection of public health

The health and welfare of students with disability and other people

Under the Education Standards discrimination may be allowed if a person has an infectious disease or other condition and it is reasonably necessary to discriminate to protect the health and welfare of that person or others. The education provider must show how discriminating against a student with an infectious disease or other condition actually protects that student or other people against that disease or condition.

Unfortunately the Education Standards do not tell us exactly what is meant by an infectious disease or other condition. There is a similar public health exception in the DDA. But the DDA exception only talks about 'infectious disease' and not 'other condition'. The words 'other condition' are new and have not been clearly explained in the Education Standards. However, it is likely that diseases that can be passed on by close contact will be covered by this exception. For example mumps, chicken pox and HIV amongst others.

Case Study

Terri - Ways to protect public health without discriminating

Case Study - Terri Case Study - Terri

Terri is studying to be a doctor's assistant. She has Hepatitis C and tells her teacher this when the students are asked to draw blood from each other. The teacher talks to the education provider about this. The education provider informs Terri that she can no longer participate in the course.

Terri makes a discrimination complaint to HREOC. She points out that she could participate in the class if no one draws blood from her. At the conciliation meeting the education provider talks about the protection of public health exception. However, after a long discussion, the education provider agrees to allow Terri back to the course, on the condition she does not draw her own blood. The education provider also agrees to update training for staff and students on safely minimising the risk of the transfer of blood diseases.