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Abstract from

The Disability Discrimination Act - Protection against Discrimination in the Provision of Education

Michelle Hannon

Hannon is concerned with the legal protections from discrimination in the area of education. The constitutional background of the Disability Discrimination Act 1992 (Cth) (DDA), and current government policy relating to equality in education, are traversed in order to provide a context for the technical analysis of the legal provisions of the DDA. The process of making a claim of discrimination in education under the DDA is considered, and the relevant judicial decisions are examined in order to demonstrate the use of the DDA as a useful strategic tool for facilitating inclusive education. The article concludes that the fact that only a small number of cases proceed to hearing is indicative of the difficulties of the process rather than a sign that discrimination has been eliminated in this area.

(2000) 17(2) Law in Context 28
Keywords: Equality before the Law; Discrimination

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