Relevant Legislation
There are numerous national and international policies and legislation that relate to the inclusion and treatment of all students, including those with special needs, in Australian classrooms. Teachers need to ensure they adhere to legislation when interacting and teaching students in their classroom.
This page will provide a brief overview of relevant policies which make reference to the education of children. These Acts are however not limited to the classroom and the teacher should aim to ensure these Acts are upheld both within and outside the classroom.
Legislations aim to protect the rights of Australian children when it comes to education.
National Legislation
Aboriginal and Torres Strait Islander Act 2005
The Aboriginal and Torres Strait Islander Act 2005 was established to further the social, cultural and economic development of Indigenous Australians. This Act outlines the Government’s responsibility to provide services to Aboriginal and Torres Strait Islander peoples. A service that the Government is required to provide is access to a quality education (Australian Government, 2005).
This Act in its entirety can be accessed at: http://www.comlaw.gov.au/Details/C2012C00258
Children's Services Act 1996
The Children’s Services Act 1996 outlines that educational programs must be made available to all children. The teacher should ensure that the program they
provide of their students is ‘based on the developmental needs, interests and experiences of each child’ and that it is ‘designed to take into account the individual differences of those children’ and that it aids and enhances each student’s development (Australian Government, 1996).
This Act in its entirety can be accessed at: http://www.eduweb.vic.gov.au/edulibrary/public/earlychildhood/CSAct1996-53a020.pdf
Children, Youth and Families Act 2005
The Children, Youth and Families Act 2005 outlines the desire for children to have access to ‘appropriate educational services’ regardless of socio-economic status, gender, nationality, or if the child has a disability. The teacher should ensure that they provide a high quality education to all students in their classroom (Australian Government, 2005).
This Act in its entirety can be accessed at: http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/edfb620cf7503d1aca256da4001b08af/15A4CD9FB84C7196CA2570D00022769A/$FILE/05-096a.pdf
Disability Discrimination Act 1992
The Disability Discrimination Act 1992 makes specific references to the importance of inclusion and equality in education; ‘it is unlawful for an educational authority to discriminate against a student on the ground of the student’s disability’. All students, regardless of disabilities, should be provided with access to quality education in the school of their choice (Australian Government, 1992).
This Act in its entirety can be accessed at: http://www.comlaw.gov.au/Series/C2004A04426
Education Act 2004(ACT)
Although this Education Act is specifically for the Australian Capital Territory, the principles should be upheld in all schools in Australia. The aim of the Education Act 2004 is to ensure teachers provide an inclusive and high quality education for all students. The teacher should ‘aim to develop every child’s potential and maximise educational achievement’ and promote tolerance for all students. The teacher needs to ensure they recognise the needs of all students, both academically and socially and ‘provide access to a broad education’. This Act also explicitly outlines the requirement for teachers to ‘recognise the needs of Indigenous Children’ and provide Indigenous students with a high quality education (Government of Australian Capital Territory, 2004).
There is also a section on providing a high quality education for students with special needs, in particular disabilities. The Act does not specify what types of disabilities so it can be interpreted to include all forms of disabilities; mental, learning and physical. The teacher needs to recognise the ‘individual needs of children with disabilities’ and ‘make appropriate provisions for those needs’ (Government of Australian Capital Territory, 2004).
This Act in its entirety can be accessed at: http://www.legislation.act.gov.au/a/2004-17/current/pdf/2004-17.pdf
Education and Care Services National Law Act 2010
The Education and Care Services National law Act 2010 was introduced to create a National Law to regulate education for children. This Act outlines the desire for the continuous improvement of quality education for all children, regardless of nationality, age, gender, or special needs (Australian Government, 2010)
This Act in its entirety can be accessed at: http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/51dea49770555ea6ca256da4001b90cd/b73164fe5da2112dca2577ba0014d9ed!OpenDocument
Education and Training Reform Act 2006
The Education and Training reform Act 2006 makes special reference to providing assistance to students with special needs; teachers and education providers must ‘provide or arrange special or additional assistance for students in Government schools with special needs’. This Act emphasises the need for quality in schools for all
students (Australian Government, 2006).
This Act in its entirety can be accessed at: http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/f932b66241ecf1b7ca256e92000e23be/575C47EA02890DA4CA25717000217213/$FILE/06-024a.pdf
Mental Health Act 1986
Under the Mental Health Act 1986 teachers are required to provide ‘opportunities and facilities for the recreation, occupation, education, [and] training [of]
persons receiving treatment or care for a mental disorder.’ Thus, teachers are to required to ensure they do not discriminate against students with a mental disorder and ensure they provide those students with a quality education (Australian Government, 1986).
This Act in its entirety can be accessed at: http://www.legislation.vic.gov.au/domino/Web_Notes/LDMS/LTObject_Store/LTObjSt5.nsf/d1a8d8a9bed958efca25761600042ef5/a7d40fd608d61455ca2577890007feb8/$FILE/86-59a098.pdf
Racial Discrimination Act 1975
The Racial Discrimination Act 1975 was introduced to promote equality for all people in Australia. This is particularly important in the classroom as teachers have an obligation under law to ensure they treat all students equally and with respect. Teachers are required to ensure they provide a quality education for all students in their classrooms (Australian Government, 1975).
This Act in its entirety can be accessed at: http://www.comlaw.gov.au/Series/C2004A00274
Working with Children Act 2005
The Working with Children Act 2005 is designed to ensure that those working with children have been checked by a government body to determine their suitability to do so. The aim of this Act is to protect children from sexual of physical harm. In order for teachers to provide an equal education of a high standard to all students, they must be suitable to work with children (Australian Government, 2005).
This Act in its entirety can be accessed at: http://www.legislation.vic.gov.au/domino/Web_Notes/LDMS/LTObject_Store/LTObjSt5.nsf/d1a8d8a9bed958efca25761600042ef5/fe6e82192f34c57fca25778a00179e36/$FILE/05-57a027.pdf
International Law
Universal Declaration of Human Rights 1948
The Universal Declaration of Human Rights (UDHR) was introduced by the United Nations General Assembly after World War Two and outlines the rights of all human beings. Australian is a member of the United Nations and aims to uphold all the rights as outlined in the declaration. The Universal Declaration of Human Rights states that ‘Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory…education shall be directed to the full development of human personality and to the strengthening of respect for human rights and fundamental freedoms.’(United Nations, 1948).
The UDHR in its entirety can be accessed at: http://www.un.org/en/documents/udhr/index.shtml
Repealed Acts
The Education Act 1958 was repealed and replaced by more recent Acts which incorporate the legislative laws of this former Act.
This page will provide a brief overview of relevant policies which make reference to the education of children. These Acts are however not limited to the classroom and the teacher should aim to ensure these Acts are upheld both within and outside the classroom.
Legislations aim to protect the rights of Australian children when it comes to education.
National Legislation
Aboriginal and Torres Strait Islander Act 2005
The Aboriginal and Torres Strait Islander Act 2005 was established to further the social, cultural and economic development of Indigenous Australians. This Act outlines the Government’s responsibility to provide services to Aboriginal and Torres Strait Islander peoples. A service that the Government is required to provide is access to a quality education (Australian Government, 2005).
This Act in its entirety can be accessed at: http://www.comlaw.gov.au/Details/C2012C00258
Children's Services Act 1996
The Children’s Services Act 1996 outlines that educational programs must be made available to all children. The teacher should ensure that the program they
provide of their students is ‘based on the developmental needs, interests and experiences of each child’ and that it is ‘designed to take into account the individual differences of those children’ and that it aids and enhances each student’s development (Australian Government, 1996).
This Act in its entirety can be accessed at: http://www.eduweb.vic.gov.au/edulibrary/public/earlychildhood/CSAct1996-53a020.pdf
Children, Youth and Families Act 2005
The Children, Youth and Families Act 2005 outlines the desire for children to have access to ‘appropriate educational services’ regardless of socio-economic status, gender, nationality, or if the child has a disability. The teacher should ensure that they provide a high quality education to all students in their classroom (Australian Government, 2005).
This Act in its entirety can be accessed at: http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/edfb620cf7503d1aca256da4001b08af/15A4CD9FB84C7196CA2570D00022769A/$FILE/05-096a.pdf
Disability Discrimination Act 1992
The Disability Discrimination Act 1992 makes specific references to the importance of inclusion and equality in education; ‘it is unlawful for an educational authority to discriminate against a student on the ground of the student’s disability’. All students, regardless of disabilities, should be provided with access to quality education in the school of their choice (Australian Government, 1992).
This Act in its entirety can be accessed at: http://www.comlaw.gov.au/Series/C2004A04426
Education Act 2004(ACT)
Although this Education Act is specifically for the Australian Capital Territory, the principles should be upheld in all schools in Australia. The aim of the Education Act 2004 is to ensure teachers provide an inclusive and high quality education for all students. The teacher should ‘aim to develop every child’s potential and maximise educational achievement’ and promote tolerance for all students. The teacher needs to ensure they recognise the needs of all students, both academically and socially and ‘provide access to a broad education’. This Act also explicitly outlines the requirement for teachers to ‘recognise the needs of Indigenous Children’ and provide Indigenous students with a high quality education (Government of Australian Capital Territory, 2004).
There is also a section on providing a high quality education for students with special needs, in particular disabilities. The Act does not specify what types of disabilities so it can be interpreted to include all forms of disabilities; mental, learning and physical. The teacher needs to recognise the ‘individual needs of children with disabilities’ and ‘make appropriate provisions for those needs’ (Government of Australian Capital Territory, 2004).
This Act in its entirety can be accessed at: http://www.legislation.act.gov.au/a/2004-17/current/pdf/2004-17.pdf
Education and Care Services National Law Act 2010
The Education and Care Services National law Act 2010 was introduced to create a National Law to regulate education for children. This Act outlines the desire for the continuous improvement of quality education for all children, regardless of nationality, age, gender, or special needs (Australian Government, 2010)
This Act in its entirety can be accessed at: http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/51dea49770555ea6ca256da4001b90cd/b73164fe5da2112dca2577ba0014d9ed!OpenDocument
Education and Training Reform Act 2006
The Education and Training reform Act 2006 makes special reference to providing assistance to students with special needs; teachers and education providers must ‘provide or arrange special or additional assistance for students in Government schools with special needs’. This Act emphasises the need for quality in schools for all
students (Australian Government, 2006).
This Act in its entirety can be accessed at: http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/f932b66241ecf1b7ca256e92000e23be/575C47EA02890DA4CA25717000217213/$FILE/06-024a.pdf
Mental Health Act 1986
Under the Mental Health Act 1986 teachers are required to provide ‘opportunities and facilities for the recreation, occupation, education, [and] training [of]
persons receiving treatment or care for a mental disorder.’ Thus, teachers are to required to ensure they do not discriminate against students with a mental disorder and ensure they provide those students with a quality education (Australian Government, 1986).
This Act in its entirety can be accessed at: http://www.legislation.vic.gov.au/domino/Web_Notes/LDMS/LTObject_Store/LTObjSt5.nsf/d1a8d8a9bed958efca25761600042ef5/a7d40fd608d61455ca2577890007feb8/$FILE/86-59a098.pdf
Racial Discrimination Act 1975
The Racial Discrimination Act 1975 was introduced to promote equality for all people in Australia. This is particularly important in the classroom as teachers have an obligation under law to ensure they treat all students equally and with respect. Teachers are required to ensure they provide a quality education for all students in their classrooms (Australian Government, 1975).
This Act in its entirety can be accessed at: http://www.comlaw.gov.au/Series/C2004A00274
Working with Children Act 2005
The Working with Children Act 2005 is designed to ensure that those working with children have been checked by a government body to determine their suitability to do so. The aim of this Act is to protect children from sexual of physical harm. In order for teachers to provide an equal education of a high standard to all students, they must be suitable to work with children (Australian Government, 2005).
This Act in its entirety can be accessed at: http://www.legislation.vic.gov.au/domino/Web_Notes/LDMS/LTObject_Store/LTObjSt5.nsf/d1a8d8a9bed958efca25761600042ef5/fe6e82192f34c57fca25778a00179e36/$FILE/05-57a027.pdf
International Law
Universal Declaration of Human Rights 1948
The Universal Declaration of Human Rights (UDHR) was introduced by the United Nations General Assembly after World War Two and outlines the rights of all human beings. Australian is a member of the United Nations and aims to uphold all the rights as outlined in the declaration. The Universal Declaration of Human Rights states that ‘Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory…education shall be directed to the full development of human personality and to the strengthening of respect for human rights and fundamental freedoms.’(United Nations, 1948).
The UDHR in its entirety can be accessed at: http://www.un.org/en/documents/udhr/index.shtml
Repealed Acts
The Education Act 1958 was repealed and replaced by more recent Acts which incorporate the legislative laws of this former Act.