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When the Education Standards do not apply

In some situations, education providers will not have to comply with the Education Standards, due to the law allowing some exceptions. Situations where the education provider may not have to comply include:

Where the education provider can prove ’unjustifiable hardship’

  1. Where the discrimination is to protect the health and welfare of a persons/s
  2. Where an education provider has taken special measures to accommodate a particular group of people
  3. Where a court makes an order that overrides an education provider’s obligations under the Education Standards/Disability Discrimination Act.

Sometimes there are other laws that allow discrimination. These laws can sometimes mean an education provider is allowed to discriminate. There are not very many of these laws.

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