Am I protected by the DSE?

Unpacking the DSE

This section covers the following questions: • Am I protected by the DSE? • Who has to follow the DSE? • What are my rights? • What do education providers have to do? • Are there exceptions to the DSE?

Am I protected by the DSE?

The DSE protect any student with disability. Disability is a very broad term that covers a range of situations and conditions. (See Disability.)

As a society, we can have a very narrow idea of what counts as disability. This means there are students who do not know that they can use the DSE.

An example of a student with disability

Asmaa is a 19-year-old fashion student at TAFE. She has recently been diagnosed with depression.

Asmaa often needs to miss class because of her symptoms. She is also finding it difficult to study and worries that she will fall behind in her course. Asmaa thinks that she needs to ‘tough it out’. She doesn’t think her teachers will be able to help someone like her.

One of her friends asks her if she has thought about the Disability Support Service on campus. Asmaa is confused because she doesn’t think of herself as a person with disability. But when she goes to the service, they help her to get more time to finish her assignments. Disability is a broad term. Some students may not know that they are covered under the DSE.

You do not need a diagnosis for the DSE to apply to you. If a student is thought to live with disability, then the DSE can be used.

An example of not needing a diagnosis to use the DSE

Gabriel has three children in primary school. They have all been suspended at different times for ‘bad’ behaviour. Gabriel thinks that his children have autism and Tourette’s Syndrome but can’t get to a specialist for a diagnosis. He is always being called to the school, but they are not listening to him. They say they need a diagnosis to make changes that would support his children.

One day, a fellow parent tells Gabriel that schools don’t need a diagnosis. If they think that a child has disability, they should be making changes. Gabriel is very frustrated. He suspects that his children have been labelled as ‘bad kids’ by the school.

The DSE also protect people who have a connection to someone with disability. (See Associate.)

Where can I find this in the DSE?

The Introduction and Sections 1.3 and 1.4 explain who is protected by the DSE.

Want to know more?

Check out these glossary terms: Associate, Disability Discrimination Act 1992 (DDA), Disability, Discrimination, DSE, Educational authority.