What does the DDA say about disclosure of disability?
The Disability Discrimination Act and the Disability Standards for Education made under the Act do not contain any provisions directly on disclosure of disability. The Guidance Notes issued in association with the Disability Standards for Education however do state: Any confidential information provided to education providers for the purposes of making adjustments should not be disclosed except for the purposes of the adjustment or in accordance with a lawful requirement. This advice in the Guidance notes is based on the point that it is only lawful to request disability related information from or in relation to a student in the first place for the purposes of identifying and making possible reasonable adjustments – or for the purposes of other lawful requirements including assessing a student’s ability to satisfy course requirements. Education providers should also refer to the Privacy Act which incorporates Information Privacy Principles including that personal information should on
